The Kerala Police Act, 2011

© _j,.._ Government of Kerala Reg No cosil mcrum KUIV(N)/12/2009-2011 .. ~ ~ KERALA GAZETTE v (gdh(DgJ (f)(T\)()() • EXTRAORDINARY <ID3<ru ::> WJ afGTT>o PUBLISHED BY AUTHORITY ' ®~Wldh')tnldh(})::>CO>l LnJ<rulriDEilo;HSJalliDJ<m<ffi lluruvananthapuram, 20th Apnl 2011 Vol LVI } Wednesday 20 11 n(ilLn.flmB 20 No }896 nJ:JB.JJO 56 cml a> 6r urnCTIDnJ6 a>o, 30th Challhra 1933 6TlJ6W<lB 1933 30 6l6bJL(O)o GOVERNMENT OF KERALA Law (Legislation-E) Department NOTIFICATION 20th Aprtl, 20ll No 4448/Leg E 112 0 1 I /Law Dated, Thuuvananthapuram, 30th Chmthra, 1933 In pursuance of clause (3) of art1cle 348 of the Con~t1tut10n of India, the • Governor I'> pleased to authonse the publication m the Gazette of the followmg tiam.latiOn m English language of the Kerdla P0hce Act, 2011 (8 of 2011) • By order of the Governor, K MADHUSUDAN/\N NAIR, Spec!Gl Secretary (Law) PRIN I FD ~ND PUBLI\H~D BY THr SUP[RJNl ~NDENT OF GOVFRNM[NT PRI:SS~.S Al 1 HE GOVFRNMr'-T CioN rRAL PRF.SS. THIRU'vANANTHAPURAM 2011 33 152Q 2011 DlP 2 A,. " [Translat.ton Enghsh of published under the tn "2o11-6leJ a.e,m~ an.Joe.~1m'> ~c£bg authonty of the Governor.] Act 8 of 2011 THE KERALA POLICE ACT, 2011 An Act to consolidate and amend the law relatmg to the establishment, • regulatzon, powers and dutzes ·of the Polzce Force zn the State of Kerala and for matters connected therewith and znczdental thereto Preamble -WHEREAS 11 1s expedient to provide for a professional, tramed, r skilled, dJSCiplmed and dedicated pollee system to protect the mtegnty and secunty of State and to ensure the rule of law w1th due transparency and by g1Villg due regard to hfe, property, freedom, d1gmty and human nghts of every person m accordance w1th the provisions of the ConstitutiOn of Ind1a, AND WHEREAS, 11 IS necessary to make capable the pollee by g1vmg adequate statutory powers and responsibJIIIles to exercise the powers and discharge the duties efficiently, AND WHEREAS, 11 IS necessary to have a Police system wh1ch funct10rts m consonance w1th the modem democratic society and mamtams pubhc harmony and law and order, AND WHLREAS, 1t has become Imperative to ensure that the powers vested m the Pohce shall not be abused and that the actJVJtles of the Pohce are subJect to statutory and effective controls, Now, THEREFORE, 1t has become 1mperat1ve to cod1fy and amend the Law relatmg to the establishment, regulatiOn, powers and duties of Police force m 4 the State of Kerala, BE, 11 enacted m the S1xty-first year of Republic of Ind1a as follows • CIIAP'J1.R I PRELIMINARY Short tztle, extent and commencement-( I) Th1s Act may be called the Kerala Pohce Act, 20 ll (2) It extends to the whole of the State of Kerala (3) It shall come mto force at once 3 ~ , 2 Defimtwns -( 1) In th1s Act, unless the context otherwise requires,- ( a) "Commission" means the State Secunty Commission constituted under section 24, (b) "D1stnct Magistrate" means the officer responsible for the executive admmistratlon of a d1stnct, by whatever designation such officer IS called, (c) "Government" means the Government of Kerala, II (d) "Place" includes any bulldmg, tent, booth, vehicle or other constructiOns, e1ther permanent or temporary and any area mcludmg land, sea, backwaters, nvers, canals and atmosphere either enclosed or open, (e) "Pollee" means and mcludes all persons exerc1smg the duties and functions specified under sections 3 and 4 and who are authonsed under section 88 to do so, (f) "Pohce Force" means the pohce force referred under section 14, (g) "Pohce d1stnct" means the local area declared under section 16, (h) "Pohce officer" means any member of the Pohce Force and mcludes m 1t an officer of the lnd1an Pohce Serv1ce, (1) "Property" mcludes money, valuable secunty and all properties e1ther movable, munovable or digital, (J) "Pubhc place" means any place m wh1ch the pubhc have access either as of nght or not and mclude~ m It,- (•) any pubhc bu1ldmg, monument and premises thereof, and (11) any place accessible to the pubhc for drawmg water or washmg or bathmg or for the purpose of travel, recreatiOn, food, rest, treatment, trade, etc or fo'r any other serv1ce, (k) "Serv1ce provider" means any person or agency or employee or person m charge of agency who provide any serv1ce to the pubhc or any ~uch sectwn thereof w1th or Without collectmg any payment and mcludes those who provide services such as phone, mtemet, computer, veh1cle, food, water, finance, rent, pawnmg, hospital, laboratory, samtat1on, repa1r, electnc1ty, deposit, share, constructiOn, secunty, trade, loan, fuel, rest, recreatiOn and any such other agency wh1ch prov1des any service to the pubhc on demand, (I) "Street" mcludes any highway, bndge, way, causeway, road, lane, footpath, square, courtyard, garden path, channel or passage, etc accessible to the pubhc whether or not 1t a thoroughfare, IS 4 (m) "Traffic" means any kmd of movement of person~. ammals, ~des, vessels or goods along any publlc place and mcludes the dtspostllon of vehtcles, hvmg thmgs and statt:: ob_1ects etthcr temporary or permanent sttuated m or ncar any such place affecung m any manner such movement, mdtvtdually or collectively, of any component among them, (n) "Velucle" means any means of tran~port whtch carnes any person, ammal or obJect and :ncludes m 1t a carnage, cart, van, huck, handcart, boat, b1cycle, tncycle, nckshaw, motor veh1c!e, vessel or aeroplane • (2) Words and expre"sJOns used and not defined m th1s Act, but defin~d m the lnd1an Penal Code, 1860 (Central Act 45 of 1860) or m the Code of Cnmmal ,. Procedure, 1973 (Central Act 2 of 1974) shall have the meanmgs re~pccttvely ass1gned to them therem CI!APl ER II DU riES AND FUNCTIONS OF POLICE 3 Genewl duties of police -The Pohce, as a serv1ce funct10nmg category among the people as part of the admm1strat1ve system shall, ~ubject to the Constitution of Indta and the laws enacted thereunder, stnve m accordance wtth the law, to ensure that all persons enJOY the freedoms and nghts avatlable undt>r the law by ensunng peace and order, mtegnty of the. nat1on, secunty of the Stale and protectiOn of human nght" 4 The functiOns of the police -The Pohce Officers shall, subject to the prov1stons of thts Act, perfonn the followmg functtons, namely - (a) to enforce the law tmparttally, (b) to protect the hfe, liberty, property, human nght<> and dtgmty of all persons m accordance wtth the law, .. ~ (c) to protect the mternal secunty of the natiOn and act vtgdantly I agamst extremist acllvtttes, communal vtolence, msurgcncy, etc , I (d) to promote and protect ·arrangement~ en~unng public sccunty .md I mamtam public peace, l (e) to protect the pubhc from danger and nutsance, I (f) to protect all pubhc properttes mcludmg roads, ratlways, bndgcs, vttal I m~tallauons and estabhshments, 1 (g) to prevent and reduce crtmes exerctsmg lawful powers to the maxtmwn extent, .. 5 ....__ (h) to take actton to br:ng the offenders to the due process of law by lawfully mvest1gatmg cnmes, (1) to control and regulate traffic at all pubhc place5 where there IS movement of people and goods, (j) to o;tnve to prevent and resolve d1sputes and conflicts wh1ch may esult :n cnmes, 1 • (k) to prov1dc all reasonable help to persons affected by natural or map_-made d1saster, calamity or acctdent, (I) to collect, examme and, tf necessary, to d1ssemmate mfonnatton m support of all actiVIties or the pol.ce c:nd m the mamtenance of secunty of the State, (m) to ensure the protectiOn and secunty of all per~ons m custody m accordancl' w1th law, (n) to obey and execute lav.fully all lawful commands of competent authont1es and offic1al supenors, (o) to uphold and mamtam the standards of mternal diSCiphne, (p) to mst!l a sense of ~ecunt.v among people m general, (q) to take charge of and ensure the secunty of persons, espec1al!y women and children found helpleo;s and without support m any pubhc place or o;tre~t, (r) :o dtschargf ar.y dut1cs 1mposed by any law for the t1me bemg m fot ce, (s) to dtscharge o;uch other functiOns as may be lawfully ass1gned to them by the Government, from tune to tlme • CHAI'fER Ill THE POLICE STATION 5 E~tahl1shment of pol1ce stat ton:; -(I) The Government may, by notificatiOn, and subjeCt to the proVISions of sect10n 2 of the Code of Cnmmal Procedure, 1973 (Central Act 2 of 1974) estabhsh pollee swt10ns for every local area for the purposes of th1s Act (2) 'I he area of JUnsdtctlon of every Pohce StatiOn and the prem1ses m whtch 1t shall function shall be as spec1fied the notificatiOn 1ssued under 111 (I) sub-~ectwn 6 (3) A Poltce officer of such rank as may be fixed by the Governfnent and designated as the Statwn House Officer shall supervise the functions of each police station and that officer shall be the pfficer m charge of the Police Stat10n. 6 Government to prov1de sufficient facilities at pollee statwns -(1) The Government shall, subJeCt to the resources available, ensure that every Police StatiOn has adequate manpower and Infrastructure facilities to prov1de basic police services tQ all who need the same • (2) The facilities under sub-sectiOn ( 1) shall mclude sufficient mfrastructure for all police personnel attached to the pohce statiOn to discharge therr duties efficiently, receptiOn area for pubhc With adequate facilities, sufficient storage space for the safe keepmg of articles m custody, official records and official arms and ammunttlon, sufficient fac1httes for the safe custody of the accused and those In custody, proper commumcauon facilities and sufficient moblltty and sufficient equipment mcludmg secunty equipment, electromc devtces, arms and forenstc equtpments to dtscharge adequately the lawful responsibilities entrusted to the officers of the Police Statwn (3) The State Pohce Ch1ef shall arrange to rev1ew every year the adequacy of facilities available m every pohce statwn m the State and take steps to estabhsh facthtJes wh1ch conform to proper standards 7. Cit1zens have the nght to efficient pollee serv1ce -All cJtJzens shall have the nght to efficient pohce services from any Pohce StatiOn 8 R1ghts of the public at a pollee :;tatwn -(I) Subject to reasonable practicality, all persons shall have the nght to receive lawful serv1ces from a pollee statiOn and for peaceful entry and receptiOn at any t1me at any Pollee StatiOn • (2) Any member of the pubhc shall, subject to reasonable restnctwns, have the nght to meet the officer m charge of any Pollee StatiOn and to gtve mformatwn on matters and th1s nght shall not be demed Without sufficient reasons . (3) Every pollee statiOn shall have the fac1hty for women to subm1t complamts w1th pnvacy m the presence of women pohce (4) Any member of the pubhc shall have the nght to receive a receipt acknowledgmg the complamt gJVen by h1m and to know the stage of the Pohce actiOn or mvest1gat10n m respect of the complamt 7 ,......_ (5) The substance of any complamt made orally or wntmg by any tn member of the pubhc rn a pohce statwn shall be entered m a chronologJcally and contemporaneously mamtamed permanent reg•ster kept at the pohce statiOn (6) Any citizen shall have the nght to know whether any particular person m custody at the police statwn IS 9 Expenses for persons 1n custody -The State Government shall prov1de With each pohce station a sum proportiOnate to the number of persons m custody every month and the penod of the1r custody at the ex1stmg Government rate of half the mmunum da1ly wages for unskilled labour for g1vmg food, water and other pnmary needs of every person m custody • 10 Pollee statwns to be always functiOnal-Every pohce statwn shall always be functional for the performance of Pohce duty and alert for those who need pohce serv1ces II Spec1al Polzce Statwn -{I) Government may estabhsh Spec1al Pohce StatiOns m .any area for any part1cular penod or for any particular purpose or for enforcement of any particular law or laws m add1t1on to the police stattons not1fied for any area under sectiOn 5 (2) The bmldmgs m whtch such spectal pohce stattons are located, thetr area, JUnsdtctton, purpose, penod etc shall be notified the manner spectfied tn under sectiOn 5. {3) Nothmg contamed tn sub- secttons (1) and (2) shall be deemed to prevent the Government from estabhshmg a spec1al pohce statiOn m a mobile vehtcle or m any temporary office (4) Any act10n taken by a regular pohce statiOn shall not be mvahdated on the ground that tt was a matter whtch could have been entrusted Wtth a special pohce station " (5) Each spectal pohce statiOn shall be so named as to denote tts special purpose and spectal nature. ( 6) The State Pollee Chief may, by spec1al order, exempt the Station House Officer of a spec1al pohce statiOn from any respons1b1hty assocmted With a regular pollee statwn ~nd may also entrust him wtth add1ttona1 or spec1al respons1btht1es or that are not asstgned to the StatiOn House Officer of a regular pohce stat1on 12 Police Statwn Dwry -Every pohce statton shall keep a General Dtary m such form as may be fixed by the Government from ttme to ttme luld record th..e rem the substance of all complamts made, F1rst InformatiOn Reports, ' 8 charges, the names and details of complamants, opposite parttes a~ .:111 arrested persons, the detatls m re~pect of the offences charged agam-.t them and the propcrttes mcludmg weapons that may have bee"n -;ctzcd from thctr possesston or othcrwtse 13 Persons cqmpetent to verifY the statiOn dtwy and custndta! fau!tty --(1) All Chatrpersons and members of the State Human F tghts Commt!!Ston or the State Women's Commtsston or the State SC/ST Conum~ston or the State or Dt!:.tnct Poltce Complamt~ Authonttes may enter m a Pohce Statton and dtrectly venfy • the entrtes m any General Dtary mamtamcd under section 12 and the condttton of any p~rson kept m custody (2) Any person vtsltmg the po!tce statwn undt>r sub-sectton {I) shall make a contemporaneou!! record of h!s VISit m the dtary and also commumcate as soon as possible to the D1stnct Pol.ce Ch1ef the summary of h1s ob!>ervat1ons and the D1stnct Pol:ce Chtef shall take, as soon as po%tble, further act10ns as mdy be necessary on such observatiOns IV CIIAI'f[R GENERAL STRUCTIJRE OF THE POI ICE FORCE 14 Kerala Po!tce -{I) There ~hall be one umficd Pohce Force for the State of Kerala named the Kerala Pohce and 11 may be Glvtdcd mto a< many Sub-umts, Umts, Branches or Wmgs OIJ the basts of geogtaphtcal conven:encc or functiOnal efftctency or any spectal purpose as may be dec!ded by the Government fiom ttme to ttme (2) In the Kerala Po!tce Force, !!UbJeLt to the ltm•t that there be.ng no rank h1gher than that of the State Pohce Chtef, the officers of vanous ranks a5 may be fixed by the Govemment from ttme to time shall be mcluded and the!!e ranks shall, m ascendmg order, be as follows - .. (a) Pohce Constable, (b) Pohce Head Constable, (c) A!!ststant Sub-Inspector of Poltce, (d) Sub-Inspector of Pohce , (e) Inspector of Pohce , (f) Deputy Supenr.tendent of Poltce , (g) Supenntendent of Pohce , 9 (h) Deputy Inspector General of Pohce, (1} Inspector General of Police, (J) Add1t10nal D1rector General of Police, (k) D1rertor General of Police, (!; D1rcctor General of Police and State Police Ch1ef (3) The Govemment may, by general or spec1al order, ~pec1fy that an) other phrast:s used to denote any Poilce Rank e1ther 111 the Kerala Police or any otht>r State or Cr~ntral Govemment shall be aeemed to be eqUivalent to anyone among the above ra;cks • ( 4) Nothmg con tamed 111 sub-section (2) shall be deemed to prevent the powe1 of the Government 111 creatmg a new rank or m g1vmg a new de~'ignatlon to a rank spec1fied there111 15 Government to 5pectfy Po !tee Struaw e -(I) Subject to the prOVISions of th1s Act, the Pol.ce Force ~hall cons1~t of such numbers 111 each rank and have such 5tructure, fonn, offices. junsd1ctwnal pattems, cham of command and such admm1strdt1ve powers, duties and functiOns as may be f1xed by the Govemment by general or spec1al order (2) In metropolitan areas havmg more population and complex law and order problems, d Metropoiltan Police system hav111g more expertise, umtary nature, lawf.Jl power and respons1bil1ty should be estabhshed (3) Govemmcnt shdll by notlf.cation constitUte a special police structure for metropolitan areas suffic1ent to deal w1th the probiems m such areas (4) Jn a metropolitan are<' for the admm1strat10n of the police a Pclice Officer not belcw the rank of a Deputy Inspector General of Police shal! be appomted as Comm1ss1oner • (5) The Comm1ss1oner and such other cfficers under the Comm1sstoner ~hall have such pow<'tS and responstbllitles as may be fixed by the Government Provtded that the Comm1ss1oner and other officers shall function under the control of the Director Gt>neral of Police (6) In areas havmg Metropohtan Pohce System the Conumss10ner may cxerctst> all or any of the powers vested w1th a D1stnct Magtstrate under thts Act or the." Cod~ of Cnmmal Procedure, 1973 (Central Act 2 of 1974) or any other State Law<> subject to the term<> and cond1t10ns as may be fixed by the Government 10 16 Polzee Dzstrzet -The State Government may, by nottficat10n, d~are from such date as may be spec1fied m the nottficat10n, any area m the State as a Pohce D1stnct for the purposes of th1s Act Prov1ded that m one Pohce D1stnct areaS of more than one revenue D1stnct shall not be mc1uded 17 Dzstnet Pollee Chzef---{ I) The pohce and the pohce stations of a Pohce D1stnct shall, subject to such orders as may be 1ssued by the Government and subject to the supems10n and lawful command of the State Pohce Ch1ef, functiOn ~ under the superv1s1on and control of a D1stnct Pohce Ch1ef of such rank as may be fixed by the Government and such Pohce Officers of such rank as may be fixed by the Government shall asstst htm m the matter (2) The Dtstnct Poltce Chtef shall not be an officer lower m rank than a Supenntendent of Pohce • 18 State Pollee Chzef-( I) The admmtstratJOn, superv1s1on, d1rectton and control of the Pohce throughout the State shall, subject to the control of the Government, be vested m an officer destgnated as the State Poltce Chtef (2) The State Pohce Chtef shall be appotnted by the Government from among those officers of the State Cadre of the lndtan Pohce Servtce who have already been promoted to the rank of Dtrector General of Pohce, takmg mto account the ab1hty to lead the Pohce Force of the State, the overall htstory of servtce, professional knowledge and expenence Provtded that where m a case or d1sctphnary proceedmgs, for and on behalf of the State a change has been gtven or 1s pendmg agamst an officer before any Court or Tnbunal or departmental agency, that officer shall not be appomted as the State Pohce Chtef (3) Any person who performs any functtons of the pohce m the State of Kerala m exerctse of the powers Wlder thts Act shall be officers subordmate to the State Pohce Ch1ef (4) Such number of officers of dtfferent ranks as may be dectded by the Government from time to ttme shall asstst the State Poltce Chtef , (5) No officer semor to the State Pohce Chtef shall be appomted m the Kerala Poltce 19 Co-ordznatzon by Dzstnet Magzstrate -( 1) In order to ensure the effictent general admtrustratJOn of the Dtstnct, the Dtstnct Magtstrate shall have the authonty to co-ordmate the functtOllfng of the Pohce m the followmg matters With other agenc1es connected wtth the admmtstratJOn of the Dtstnct - 11 ......_ (a) matters relatmg to the promotiOn of land reforms and the settlement of land d1sputes, (b)"matters relatmg to extens1ve disturbance of the pubhc peace and restoratiOn of tranqu1hty, (c) matters relatmg to the conduct of electiOns to any public body, (d) matters relatmg to handling of natural calam1t1es and the rehabll1tali.on of the persons affected by natural calamity, (e) matters relatmg to s1tuat1ons ansmg out of any external aggressiOn, and • (f) any other s1m1lar matters that does not come w1thm the purv1ew of any one department and affectmg the general welfare of the people of a D1stnct (2) For the purpose of such co-ordmat10n the D1stnct Mag1strate may, ( a) call for mformat10n of a general or spec1al nature, as may be necessary, from the Police and other agenc1es connected With the general adrmmstrattOn of the D1stnct, (b) call for a report regardmg the steps taken by the Pollee or other agenc1es m handlmg the SituatiOn, (c) g1ve such d1rect10ns to the Police and the connected agencies m respect of matters as the D1stnct Magistrate deems necessary, (d) for the purpose of co-ordmat10n, the D1stnct Magistrate may ensure that all departments of the D1stnct whose assistance 1s requ1red for the effic1ent funct10mng of the Police 1s rendenng all necessary assistance to the D1stnct Pohce Ch1ef 20 Pollee Manual--{1) The State Pohce Ch1ef may, from trrne to trrne, 1ssue • and comp1le, subject to the power of the Government to mod1fy or annul, standmg orders and gu1delines, not mcons1stent w1th th1s Act and the rules made there under, generally for the effic1ent d1scharge "of all Police dulles and functiOns and spcc1aily for the ~perv1s1on of the Police, admm1strat1on of the pollee force, the spec1al dut1es of the members or of each rank or of ,each category of the police force, mternal system of mspect10n, records to be mamtamed, arms, equ1pments, objects necessary for the executiOn of dut1es, collectiOn and commumcat10n of mtelhgence and mformat10n, the manner of performance of dut1es and the manner of preventiOn of abuse of power and the fa1lure m the performance of dut1es 12 (2) The compilatiOn of such orders and gmdehnes Issued by the ~ate Police Chief, and of i'ny orders and directiOIIS Is::,ued by the Government m respect of the same shall be known as the Poiicc Manual (3) lhe State Police Chief may, subject to the approval of the Government, amend any provision m the Manual, If c1rcumstances so warrant 21 Specwi Wmgs, Umt~. Branches, Squads--(1) Government may, m order to ass.st the State Po!Ice Chief or other Police functwnancs or Distnct Police Chiefs or to as<;I<;t the police m general m their duties and functions, by general ' or special order, create dnd mamtam any Wmg or Special l.Jmt, Specialized Branch or Special Squad, etc of such strength, mtcrnal umt<;, powers, dutlc5, JUn:.dlctiOn and mternal or external supcrvi<;ory structure a:, may be fixed by the Government by order {2) The Government may create umts or make special arrangements mter aha. for the followmg matters, r.amcly - (a) collec,tJon of mtelhgence directly or mdirectly affectmg NatiOnal Secunty, secunty of the State, mamtenance of law and order, ma:ntenance of public safety, prevention of cnme, ~ecunty of vital mstallations dnd mdivlduals facmg grave threats. from terronsts or extremists, (b) mvestigation of complicated, hemous, s:::nsationai or spe:.:Ially m1portant cnmes, (c) traffic control, (d) police service related to coastal. nver and backwater area'> and police servic.e for the protection of tounsts aPd pil~nms, (e) pollee service on the Railways, (f) collectiOn, collatiOn, mdexmg and analysis of data and mtelhgence relatmg to cnme and cnmmals and the functiOning of a Bureau of M1s:,mg .. Persons, (g) Juvemle Police Umts for the special protectiOn of children who reach the Police StatiOn either as accused or as v1ct.ms of cnme (h) helpmg Pohce offices dnd officers m :,e!rctmg, usmg and uhhzmg computers and other digital services and developmg software nec-.:ssary for the purpose, (I) mamtenance of the tclecommumcatwn and digital communication networks for Pollee purposes, 13 .....__ (J) identificatiOn of md1vtduals and obJects oy means of fingerpnnts, photography or any d1g1tal or b10metnc techmque; (k) ma1ntamwg a wel!-tramed reserve force w1th proper cham of command to be deployed whenever and wherever the d1stnct police or the local pohce statiOns fall <>hart of manpower for the proper dt-;charge of any police functiOn, (I) trammg of recruits and of those m serv1ce, m respect of general matters related to poh"e servtces and for any other md!Vldual or group as may be fixed. by the Govcrninent, (m) spec1ahsed response umts like cor.trol ro..>ms eqUJpped to respond • to cnme, calamity or ac::1dcnt etc, (n) enforcement of any local or spec1al law or spec1al enforcement of Jaw m·any ared, (o) digital and cyber pohcmg, (p) forens1c <>upport serv1ces for effectively ass1stmg m the dut1es and functiOns of the police, (q) admmtstrat1ve support serv1ces for Pohce funcuonmg m term~ of processmg of matters of admm1strauon, finance and documentatiOn, (r) general support serv1ces nece<;sary to help m the funct10nmg of • Pollee mst1tUt10ns and off1ces of vanous types and to d1scharge essent1al functiOns hke cleamng, groommg, cookmg, mamtenance of equ1pments and areas etc, (s) <>tud1es. research and development support for vanous pohcmg related ~oc1al and professiOnal matters and for the development of modem Pohce • ~erv1ce~ and preventlve-mvestlgatlve techmques (3) The Government shall eqUip these umts and arrange necessary trammg to.. officers to enable such umts to functlCn at a h1gh level of tecluHcal and professional competence ( 4) The Umts constituted under sub-sect1on (I) may cons 1st of Pollee Officer<; of de<;1gnated ranks or non-pohce personnel or both as may be spec1fied by the Government and the Government may prescnbe the1r conditions of serv1ce, spec1al allowances payable to them, spec1al quahficat1ons and sk11ls necessary and spec1al fac1ht1es to be made ava1lable to them mdtvldually or collectively 14 22 A Pollee Officer may hzmself perform the dutze!> of hzs subordmrfl'e A Pohce Officer may perform any duty assigned by law or by a lawful order to any officer subordmate to h1m and m case of any duty Imposed on such subordmate a supenor Police Officer may a1d, supplement, supersede or prevent any actiOn of such subordmate by h1s own action or that of any person lawfully actmg under h1s command or authonty, whenever the same shall appear to him m good fa1th to be necessary or expedient for g1vmg more complete or convemcnf effect to the law or for avmdmg an mfnngement thereof 23 Separatwn of mvestzgatwn from law and order-( I) The Government may, havmg regard to the populatiOn of an area or the circumstances prevallmg m an area, by order, separate the mvest1gatmg Pohce from the law and order Pohce m such area as may be spec1fied m the order to ensure speedy, effective and professional mvestigatwn (2) The District Pohce Chief shall ensure the full co-ordmatlon between the two wmgs of the Pohce separated under sub-sectton ( l) • 24. State Secunty Commzsswn.---{ l) The Government shall, by notification m the official Gazette, constitute a State Secunty CommiSSIOn for d1schargmg such functiOns and duties ass1gned under th1s Act (2) The Comm1ss1on shall constst of the followmg members, namely (1) the Mm1ster m-chargc of Home Department who shall be the Chatrman, (u) the Mm1ster m-charge of Law, (m) the Leader of OppositiOn, (1v) a ret1red Judge of the H1gh Court nommated by the Ch1cf Justice of the H1gh Court of Kerala, • (v) the Ch1ef Secretary- ex-officto, (vt) the Secretary to Government, Home Department- ex-offic1o, (vu) the State Pohce Ch1ef- ex-offic1o, (vtu) three non-offic1al members, who shall be persons of emmence m pubhc hfe w1th wtde knowledge and expenence m mamtenance of law and order, admm1stratwn, human nghts, law, social serv1ce, management of publtc admmistrauon, nommatcd by the Governor of whom one shall be a woman (3) The State Pohce Ch1ef shall be the Secretdry of the CommiSSion, I 15 ...._ (4) Every nommated member shall, unless they vacate therr offices earher by res1gnatwn, death or otherw1se, hold office for a penod of five years and shall be ehg1ble for re-nommat10n ' (5) If a nommated member of the CommiSSion IS absent w1thout suffic1ent cause for more than three consecutive meetmgs thereof, the Cha1rman of the CommiSSion may remove such member from the membership of the Comrmsswn· Prov1ded that no member shall be removed under the proVISIOns of th1s sub-section except after g1vmg h1m a reasonable opporhmlty for showmg cause agamst such removal (6) Any nommated member of the CommiSSIOn may res1gn h1s office by g1vmg not1ce m wntmg of h1s mtentwn to do so to the Cha1rman and on such resignation bemg accepted, he shall be deemed to have vacated h1s office (7) The vacanc1es ansmg m the Secunty CommiSSion shall be filled up w1thm three months (8) The Comm1ss1on shall regulate Its own procedure and the conduct of the busmess transacted by 1t (9) The fees and allowances payable to the nommated members of the State Secunty Commtsswn and the1r cond1t1ons of serv1ce shall be such as may be prescnbed 25 Functzons of the Commtsswn -(I) The Commtsswn shall have the followmg functwns, namely - (a) to frame general pohcy gUJdelmes for the functwnmg of the Pohce m the State, (b) to 1ssue d1rectwns for the 1mplementat10n of cnme preventiOn tasks and serv1ce onented act1v1t1es of the Pohcc, • (c) to evaluate, from trrne to time, the performance of the Pollee m the State m general, (d) to prepare an annual report of the actLvltles of the CommiSSIOn and submit 1t to the Government, (e) to prepare the gu1delmes for the changes to be earned out, from time to ume, m the State Pohce, and (f) to d1scharge such other functiOns as may be ass1gned to 1t by the Government 16 (2) The teport submttted by the Commtsston under clause ~ nf sub-sectiOn (I) shall, on recetpt, be placed before the Legtslattve Assembly (3) No Act or Proceedtngs of the Commi'\SIOn sha!l be deemed to he mvahd merely by reason of any vacancy m the CommiSSion at the time any such Act or Proceedmg-. was done or Issued (4) Notw1thstandm~ any gUJdehne~ or d1rectwns 1~sued by !he Comnusswn, !he Government may lawfully l~'>UC such d1rect10ns as 1t deems • necessary on any matter, 1f the SituatiOn so warrants, to meet any emergency (5) fhe d1rect10ns of the Cornm1sswn shall be bmdmg on the Pollee Department Prov1ded that the Government may, for reasons to be recorded m wntmg, fully or partially, reJect or mod1fy any recommendatiOn or dm~ctwn of the C Omi111SSIOn 26 E\(1/uatwn of Pol tee performance-( 1) The State Secunty ComrniS!-.IOn, shall every year, appomt a panel of three experts, famthar with the functiOnmg of the Pohce or public admm1strat10n or soewlogtcal or <.,nmmologlcal ~tud1e!-, to evaluate the performance of the Pohce 111 the prevwus financial year and to suggest the pcrfom1ance standardo; for the succeedmg financ1al year (2) The members of the panel appomted under sub-~ecuon (I) ~hall not be contmued as members contmuously for more than two terms (3) The State Secunty Comn11S!>IOn may fix the cntena for evaluatmg the perfonnance of Pohce actiVIties by d1scouragmg the preparatiOn by Pohce the cnme ~tatlstiCS by conscwusly hmttmg the reg1strat10n of cnmes and takmg care • to avo1d constdenng such statt!>tiC~ as proof of reductton of cnmc and taking care to evolve standards o~ quahtatJve excellence 111 relatiOn to manpower utthzauon and resource utihzaiion m the Pollee Department, d1fferent <;ervJccs rendered by Pollee and Pohce actiVttle<; m all fields (4) The State Secunty Commt~ston shall every year fix pc1 fonnapce standards to be attamed by vanous umts and branches m the ~ucceedtng financial year and the same shall be commumcated to the concerned before the first day of March m the current finanCial year ' , .... 17 \ v . CHAPTER DUTIES AND RESPONSIBILITIES OF ·A POLICE OFFICER 27" Duty of a Pollee Officer.-It shall be the duty of every Pollee Officer to undertake all reasonable and lawful actiVIties for the effic1ent and effecuve d1scharge of pohce dut1es spec1fied under th1s Act m respect of the d1scharge of dut1es entrusted w1th h1m • 28 Response of a Polzce Officer-Every Pohce Officer on duty shall remam m a state of mental and phys1cal alertness and respond as qUickly as practtcally poss1ble to any SituatiOn that, comes to h1s not1ce m respect of wh1ch Pollee are lawfully n;qUJred to d1scharge thetr duttes 29 Behavwur of Pollee Officers -(1) All Pollee Officers on duty, m the1r dealmgs wtth the publtc, shall exh1b1t courtesy, propnety and compassJon appropnate to the occasiOn and use pohte and decent language. . \ (2) The fohce Off1cers shall not use force agamst anybpdy or threaten that force be used or take any adverse pohce actiOn or legal actiOn unless 1t IS necessary to carry out aqy lawful purpose (3) The Pohce Officers shall exh1b1t spec1al sympathy m theu deahngs with the v1cttms of cnmes and g1ve due cons1derat10n to the spec1al needs of women, ch1ldren, semor c1ttzens and the d1fferently abled (4) The Poltce Officer shall g1ve up unnecessary show of aggressiOn and av01d mtemperate behav1our even on provocation (5) The Poltce Officer shall not m1sbehave or use mdecent language to anyone m the1r care or custody (6) The Pohce Officer ~hall ensure themselves that they appear m publtc • place m good phys1cal groommg and are not m a sloppy or unclean or untidy 1 • ~state, unless the same was caused by the d1ltgent performance of any duty at that t1me 30 Pollee Officers to mmntam good health -( 1) All Pohce Officers shall good phys1cal and mental health •· m<~mtam . , (2) The State Pohce Ch1ef may, s~bJect to any duectJOn that may be 1ssued by the Government m th1s regard, spec1fy the standards of phys1cal and mental eff1c1ency to be matntatned by a Pohce Off1cer, by g1vmg due cons1derat10n for age, gender, nature of dut1es• and ·the rgeneral standards prevalent m the soc1ety '• ' L I. . ' ~·~29/JI. .. · 18 .... ' (3) No Police Officer sha I I be d1scnmmated by reason of failure m mamtammg the physical health standard accordmg to the standards spec1f1ed under sub-section (2) due to any InJUry or the circumstances faced m the discharge of duty or a long time chrome ailment • . . Provided that subject to the norms and procedures prescnbed by the Government, a person who IS phys1cany and mentally,unfit to discharge Pollee duties shall be discharged from <>erv1ce by g1vmg compulsory pensiOn or special ·benefits (4) Government shall, subject to resources, proVIde special arrangement<> I j for g1vmg mcent1ves and mfrastructure facilities for the promotiOn of phy:,1cal and mental health among members of the Kerala Pollee I ~ 31 Pollee to keep 1njormatwn conjidentwl--{ I) All mforn1dt1on collected ' by the Police m respect of • the actiVIties of any mdiviCiual or m~;tltutiOn, 1p the l course of discharge of their duties shall be kept confidential except for the purpose of usmg such mformatlon for any official needs i (2) Official purposes shall mclude publication of the sa1d mfonnat10n for the detection of or prevention of cnmes (3) No persons m custody shall be paraded or allowed to be photographed an'd no press confereqce shall be conducted without the permiSSion of State Police Ch1ef for the purpose of pubhshrng the same m the l I news paper or m any visual med1a 32 Pollee Officer!> liable to explam -(I) Any person or h1s representative m mterest shall have the nght to seek and be mforrned of the reason for any 1 pohce action wh1ch adversely affected hi'> body or property or reputatiOn • (2) A Police Officer while performmg any act wh1ch 1s hkely to endanger or adversely affect the body, property or reputation of any person, shall, as IS reasonably practicable under each particular circumstance, mamtam records of h1s actiOns wh1ch are done under any law or order of the State Pohce Cluef wh1ch governs such acts as may be prescnbed by any law go\emmg such act or as ordered by the State Pollee Chief Provided that nothmg 10 th1s section shall prever.t the demal of fum1shmg mforrnat10n to any person on the ground that 1t will be preJUdiCial to the mtere~t of an ongomg mvest1gat10n or tnal or secunty of the State 33 Pollee and public may keep audw or v1deo or elecl!omc rGcords (I) The Pohce may make and keep aud1o or v1deo or electromc records of any activity performed by them dunng the discharge of their duties and such records may be used m any proccedmgs m wh1ch the correctness of Pollee action 1s called m questiOn • 19 . ~ (2) No Police Officer shall prevent any member of the public from lawfully makmg any audio or video or electromc record of any Police action or activity earned out m a public ot pnvate place 34 How to make complamt~ to the Pollee -Subject to the. provisions of • the Cnmmal Procedure Code, 1973 (Central Act 2 of 1974), a complamt to the Police may·be made orally or m wntmg or by. gestures or by signals or b'y digital or electronic means and the concerned Police Officer IS bound to take appropnate legal action thereon 35 Po!tce to behave decently towards wllnes~es -(1) Where any person who IS acquamted with the facts and circumstances of any matter which IS to be legally enquired mto by a Police Officer m h1s official capacity may take steps ,. to seek and understand that matter from such person, ensurmg that such person 1s not unnece~sanly disturbed • (2) All such persons shall, nom1ally, be approached at their residence or place of work when they are available there and no children, women or semor Citizens shall be summoned to the police statiOn for the purpose (3) Any such person who put to senous mconvemence leadmg to the loss of h1s wages for any day on account of ass1stmg the Pohce for scekmg and understandmg any fact or Circumstance, shall be pa1d an amount from the Cnmmal Justice Miscellaneous Expenses Fund as may be determmed by the State Pohce Ch1ef, subject to the norms as may be prescnbed 36' Personal details for Ldentzjicatwn be furmshed on demand---{ I) Every person shall fum1sh h1~ personal details to Identify him 1f so requrred by a Pollee Off1cer on sufficient reasons (2) Such Pollee Officer may take appropnate and reasonable steps for estabhshmg the Identity of a person and for th1s purpose, such Pohce Officer may create and prepdre such personal Identification records as may be appropnate for. each Circumstance (3) No person shall, by reason of the authonty under this sectiOn, be arrested or kept m custody or subjected_ to any restnctwn on movement m any manner, merely on the ground that the details of 1dent1ty furnished by such pcr<>on needs to be venfied (4 ) All Pohce Officers exercising authonty under th1s sectiOn shall wear 1dentlly badge or card m such a manner as to be VISible to others and show such official 1dent1ty record on demand by any person ---- ------- ~ I 20 37 Entry of polzce m pnvate place!. -Every Police Officer, 1f he has good and suffic~ent reasons, for wh1ch he shall be accountable and respons1ble, shall have power to enter m any pnvate place by g1vmg due cons1derat10n for , I custom, decency, pnvacy and propnety, for the purpose of ensunng secunty or l for preventmg unmment danger ... • Prov1ded that the Pohce Officer shall, as far as poss1ble; stnve to obtain the co-operation and consent of the person m charge of the bUildmg and prem1ses before exerc1smg the sa1d power · 38 Polzce to mterfere for preventing offence --(1) Any Pohce Officer shall • • lawfully mterfere to prevent and stop to the best of h1s ab1hty any offence gomg on nr about to take place m h1s presence or VICinity . ' (2) For this purpose, he may lawfully demand and accept the servH.:~s of any able-bod1ed adult person on the place and no person shall d1sobey, . w1thou. t reasonable cause, the lawful and reasonable d1rect10ns so g•ven by the said Officer present at the place (3) No Pollee Officer shali arrest or remove a person so.lely on the ground that he d1sobeyed such d1rect10ns Moreover, no legal proceedmgs shall be ll:lltiated agamst such person Without the pnor permiSSion of the D1stnct Pohce Ch1ef, on the ground that he failed to render the serv1ces sought for ; 39 Lawful dzrect10ns of polzce to be complzed wllh --( 1) A:ll pen;ons shall comply w1th the lawful directions g1ven by a Police Officer for the d1s:harge of h1s funct1ons under the Act (2) For ensunng the compliance of aQY lawful d1rect10n dunng the discharge of any lawful duty conferred on any Polloe Officer under tQIS Act or any Rule, regulatiOn or order made thereunder, a Pohce Officer may,- {a) warn a person, who IS about to commit an offence pumshable . j under any law or any rule or order made under any law, for preventmg the same, ' I (b) reqUire any person to comply with any law ·wh1ch spec1fies the j manner qt wh1ch such person shall act on h1s own matter or m the matter of another person or 'on any matter under h1s charge, (c) subJect to the prov1s1ons of clauses (a) and (b), a Pohce Officer may arrest any person who IS comm1ttmg an offence or has committed an offence m h1s presence 1f such arrest IS cons1dered lawfully neces~ary, I ~ (d) se1ze any articles wh1ch IS used or about to be used for j comrmttmg the offence, • 21 ,. )... (e) seize any article relatmg to which an offence has been committed, If such seizure of that article IS necessary for preventmg such offence or for mvestigati!lg such offence • 40 Removal by pollee -.--(1) Where five or more persons, at a place where the public are .Present, resist, refuse or fails to comply w1th any directiOn g1ven by a Police Officer, such Pohce Officer may, w1thout prejudice to any other action he may take under any provision of thts Act or any other law remove such persons to.a nearby and adverttsed are'!~ where the publtc have entry and they shall be released at the earhest after seekmg and recordmg the1r names and addresses Provided that under any circumstance, the persons so removed shall not ·- be kept for more than, three hours (2) Such mass removal and release thereof wtthm three hours shall not be deemed to be an arrest m respect of an offence I 41 Pollee actwn m offences requ1rmg !>pecwl "authonsatwn -(I) A Pohce Officer, who IS not authonsed by rank or jUnsdictiOn under any spectal law to arrest or setze a person or object who had mamfestly mvolved m a cogmzable offence, may keep that person or object for a maxtmum penod of SIX hours so as to render ·It posstble for another legally 'Competent Police Officer or authonty to come and take lawful action (2) The authonty under sub-sectiOn (1) shall be used by a Poltce officer only m circumstances under wh1ch there ts the reasonable posstbtlity that the accused ts likely to escape or that evtdence may be destroyed due to the absence of competent officer or authonty, unless he acts as such (3) A Police Officer actmg as. s.uch shall, subject to legal practtcabthty, m the presence of competent wttnesses avatlable, keep the person or the object at a place whtch IS reasonable, sut.table and appropnate under that spectal circumstance - 42 Mamtenance of law and order and prevention bf danger- (I) .In order to prevent senous disorder or breach of peace or mamfest and tmmment danger to persons assembled at any place, any pohce officer present at such a • place havmg JUnsdictiOn may give such lawful directiOns m respect of· the conduct of pt'rsons '!I such places as he constders necessary and all persons shall be bound to comply with such directiOns • (2) Any Police Officer shall for ~IVlng effect to the prov1stons of sub section (I) have free entry m every public place mcludmg pnvate establishments whe~e members of the public are present 22 43 Pollee uniform to be dtstmc.llve, exclustve and eastly tdenttfia'l11e (1) The State Police Ch1ef may, w1th the pnor approval of the Govemment, specify the umfonn of all ranks and Cdtegones of Pohce Otlicers kecpmg m v1ew • I the need that such umfonn shall be distmctive, exclusive and easily Identifiable, I (2) The State Pohce Ch1ef may specify the occasiOns and the 1nanner of wearmg the umfor.n and the duties for whH,h umfonns are to be compubonly worn, optiOnally worn or not worn •. (3) A Pohce Officer shall alW'!lys mamtam h1s umfonns neatly, properly, suitably and m a state of good. repair " (4) No person other than a Pohce Officer d1schargmg official purpo~e , shall, except fqr artistiC or scientific purpose, wear any pohce umfom1 or any dress which IS hkely to have a feelmg that It IS a pohce umfonn (5) An officer authonsed by the State Pohce Ch1t:f shall dec1de on the basis of the observation of the observer whether a particular drc~s worn by a person creates such an Impression that person weanng such dre~s IS a Pohce Officer when the person weanng such a dress IS standmg at a d1~tance of twenty five meters from the observer 44 Pollee duty vehtcle!>· to be dtstmcttve, exclu!>tve and tdentlfiab!e -- (I) The State Police Ch1ef may, With the pnor approval of the Government, specify the colour, markmgs, equ1pments and accessones to be fitted to every police duty vehicle keepmg m v1ew the need that such vehicles. shall be distmctive, exclusive and easily Identifiable (2) All police duty vehicles With suc-h specified appearance shall respond to any emergency call for help from any person and be u~ed for g1vmg . Pohce assistance which IS reasonable and appropnate to the occasiOn unlc:ss 1t IS engaged m some other emergent or Important duty at that time (3) No person, other than a Police Officer actmg for officja! purpose shall keep, except for artistic or scientific purpose, any vehicle _m such a condl!Ion as to create an ImpressiOn that the sa1d vehicle 1~ a Fohce vehicle and an Officer authonsed by the State Pohce Ch1ef may decide whether a particular vehicle creates such an ImpressiOn that such vehicle appears hke a pohce duty vehicle to an ordmary observer standmg at a d1~tance of hundred meters away from the vehicle 23 ~5 Specwl powers zn d!Siurbed areas -( 1) The Government may declare any area as a "dtsturbed area" when such area !S wtdely and mtolerably beset w1th v10lence or d1srupttve acttvtttes or destructton of publtc property on account of communal or poltttcal causes or VIolence or terronst or antt-nattOnal acttvtties (2) Wh.en an area 1s declared as a "d1sturbed area", an Officer, not below the rank of Deputy Supenntendent of Poltce aQd deputed by the Dtstnct Poltce Chtef, m the mterest of !l}amtenance of law and order, may- (a) 1mpose reasonable restnct10ns on the movement of persons and. vcht~les m such area, ' (b) order to any person, who m the op1mon of the Police, may carry on act1v1t1es preJUdicial to the mamtenance of law and order 1f restnct1ons are not tmposed on hts acttvttles, to keep the Pohce mformed of lus whereabouts m the manner d1rected by the Pohce, · (c) suspend arms and explos1ve hcences m such area ·and dtrect the hcencees to lodge the1r weapons wtth the Pohce for keepmg them, . (d) search any person or vehtcle or contamer entenng mto or Jeavmg from such area 46 Restrwnt on arrested persons -(1) A Poltce Officer may use appropnate restncttve measures to ensure that the person arrested by h1m does not escape from custody unlawfully and may us~ necessary force agamst such person who ts trymg to escape · (2) Handcuffs shall not be used on an arrested person unless the Pohce Officer arrestmg the person has suffic1ent ground to beheve that the arrested person shall escape from custody or mJure h1mself or others 1f not handcuffed or the Pohce Officer has not recorded such grounds m wntmg (3) Where any person IS arrested and kept m the custody of the Pohce, he shall be pemutted to wear the dress wh1ch 1s decent and appropnate under the Circumstances ·and wh1ch he IS used to wear 4 7 Keep m custody of msane persons. d1 unkards and perSons with til ness-( 1) The Poltce may take tnto protecttve custody of any person who ts found mcapable of lookmg after h1mself due to msamty, lunacy, use of mtox1catmg substances or othern•1se (2) For the protection of the mterest of the person taken mto such ~ protectt"ve custody, a med1cal mst1tut10n may be requested to keep such person under observatiOn or for treannent for a penod not exceedmg 24 hours 1f such an emergent actton IS nece.;;sary and the authonttes of such mstttut10n shall be bound to comply wtth such request 24 ,.

(3) If any Mag1strate competent under any ex1stmg law to dec1de on the treatment and custody of such person, the fact thereof shall be mfonn1d to such Magistrate Without any delay and further action shall be taken m accordance With the order of the Magistrate • 48 M,edzcal examznatzon of .the accused -Any qualified med1cal practitioner shall be bound to 'conduct medical exammat10n of an accused or suspect person who IS produced before h1m by a Pollee Officer for med1cal exammat10n on the request of such officer 49 Medzcal treatment of the accused-( I) All hospttals shall render . suffictent factht1es as far as pracllcable under the circumstances for tJ.:le treatment of persons m Pohce custody under adequate pohce surveJllance and observation (2) Hospttal authonttes, on requtsttwn by Pollee shall• be bound to produce copy of all medtcal records relatmg to the treatment of such persons (3) Any persor1 admttted mtttally to a pf)vate hospttal m an emergency shall be sh1fted to a Government hosp1tal at the earhest wtth the perm1ss1on of • or the doctor who exammed h1s medtcal condtllon (4) The copy of the repoJ1 of the medtcal exammatton and treatment of a pe~son m pohce custody shall be gtven on the request of the accused or theu relatives 1 50 Actzon zn respect of InJury of those zn polzce custody -When any I ,.. person ts taken mto Poltce custody m a physically InJUred condttiOn or any person who IS physically InJured due to the use of force by a police officer ~ COmplaints about hiS physical InJUry Or the matter of SUStammg lllJUry comes tO the notice of the Pollee Officer such person shall be taken before the nearest qualified medv;:al practitiOner and the medical practitiOner shall seek and understand about the InJUry and the manner of 1ts causation and record the same and shall render necessary treatment Prov1ded that such person IS medically fit to. be taken before a Magistrate, he shall be produced by the Statton House Officer before the JudH 1al Magistrate havmg JUTISdJctlon or before an Executive Mag1strate 1f 1t IS outs1de the JUTISdlctlon of such JudJctal Magtstrate and the satd Magistrate shall sec.!< and understand detatls of the IOJUred m respect of the matter m wh1ch the mJury was caused • Provided further that the mjured IS not in a co.nd1t1on to be produced before a Magistrate, the details of the· mc1dent and circumstances shall be • furnished forthw1th by the Station House Officer to such Magistrate and a copy of the sa1d report shall be g1ven to the medical officer and the InJUred and proper acknowledgement shall be obtamed from them m wntmg · .. 25 ).51 Serv1ce prov1ders to mamtam records .-All serv1ce pro:v1ders, belongmg to ~uch categones as may be not1fi~d for the purpose by the Government from t1me to t1me, shall mamtam accurate records m respect of the 1dent1ty of persons to whom they have provided serv1ces along w1th the detaJ!s of the nature of serv1ce prov1ded and all such records shall be kept for such penods as may be fJXed by the Government 52 Serv1a prov1ders to g1ve mformatwn to 'pollee-( I) All serv1ce prov1ders who render any serv1ce shall, on demand by a Pohce Officer 10 the course of discharge of offic1al duties, fum1sh the deta1ls and records of any particular serv1ce or different serv1ces prov1ded by such serv1ce prov1ders, wh1cb are connected w1th .any Pohce enqu1ry be10g conducted 10 accordance w1th law (2) Such records, descnpt1on and 10format1o~ shall be furn1shed, as expeditiOusly as poss1ble, w1thm the reasonable t1me hm1t f1xed by the I requlSltlOnmg Pohce Officer concerned 53 Venficatwn of antecedents of .serv1ce prov1ders -The Government may, by nollficat10n, direct that serv1ce prov1ders of any type of serv1ce or of any area shall, before they start prov1d10g any serv1ce to the public, obta10 a police venficat10n cert1ficate from the D1stnct .Pollee Ch1ef or such other Pohce authon.ty as may be spec1f1ed m respect of themselves and the1r employees and shall furnish, .m the c1rcumst~n~es of each serv1ce, such reasonable and necessary mformat10n to the Pollee about the1r contemporary and past actJVltJe~ as may be re~sonably necessary and also d1rect that they shall be subjected to such repeated venficat10n after such penods as may be specified Provided that the mformat10n so obtamed from a serv1cc provider, other than the 10format10n wh1ch IS necessary to be used for prevent!ng or mvest1gatmg a cnme or for any pubhc purpose shall be kept confidentJal and shall not be disclosed to any person or to the pubhc 54 Service prov1den to report on stolen or lost or seekmg articles - (I) Any Pollee Officer may dehver to any serv1ce prov1der, a i1st of any articles lost or stolen ur reqUired to be located ,by reason of any cnme, w1th ava1lable detaJ!s of the1r JdenllficatJOn (2) If any such art1cle comes to the not1ce of such serv1.c. e prov1ders thereafter, he shall seek ·and a~certam the name and address of the person m the possessiOn of such art1cle and after detammg the property, unmed1ately report such Situation to the nearest pollee stat1on 26 (3) The service provider under sub-section (!) may also detan~any person m the possession of such articles for a penod not exceedmg one hmlr until the Police arnves tf he has sufficient reason to believe that -;uch person is I not gtvmg Ius correct address . I ' I 55 St01 age and dtsposal of m ttclcs sezzed by Polzce -(I) Every Police StatiOn shall have sufficient space for the storage of articles setzed by the Police and whtch came mto the possessiOn of the Pohce Provided that the Government may nottfy a suttable place other than the I pollee statton for keeprng such atttcle~ m ca!.e suffictent space I" not available I I "' there I (2) The Pollee may destroy after collecting samples for forenstc analysts, dangerous articlei> such as explosives, harmful chemtcals, etc m the pre<>ence of competent experts and after g1vmg pnor intimatiOn to courts ~ ·Provided that such sample collectiOn may be dtspensed wtth 1f any acctdent •• due to explosiOn or harm ts tmmment I (3) Arttcles that are not hkely to be useful later for any lawful purpose and subJect to speedy decay shall be dtsposed of by auctiOn under the orders \ of the D1stnct Police Ch1ef and such proceeds thereof shall be depostted m the Cnmmal Justice M1scellaneou~ Expense~ Fund , (4) (a) When any arttcle se1zed by the Police or under the control of the Court 1s ordered by any Court to be kept by the Police. the Police Officer Wtth · whom the custody of the article 1s entrusted may 1f smtable place IS not avatlable -I under h1s control for the ~afe custody of such article, shall report that matter before the court, . (b) If such a SituatiOn IS noticed, the court may permit such pohce officer to locate a suitable place for the storage of ~uch articles and to keep that article there, (c) The expense!> mcurred m connectiOn w1th the !.afe custody and storage shall completeiy be !llet by the Government directly or from the Crmunal Justice Miscellaneous Expenses Fund (5) Any article se1z~d by the pohce may, with the general or spec1al permiSSIOn of the court, be placed m the safe custody of suth persons or agencies or mst1tut10ns as may be appropnate to each Circumstance 56 Po free actzon zn respect of unclazmed artzcle~ -(1) Every Police Officer shall undertake temporary charge of the followmg movable arttcles,- ' 27 • ._ (1) all movable art1cles found. by h1m or transferred to h1m or m h1s posse1>s10n wh1ch are not cla1med by any one or refused to take over by anyone, • (u) movable articles found lymg m any pubhc street, wh1ch arc not bemg removed by anyone w1thm a reasonable t1me, desplle the owner or the person m charge thereof have g1ven d1rectJQJ1 to remove the same by a not1ce affixed on 0r near the sa1d art1cles _ (2) The Pohce Officer undertakmg the charge of the art1cles under sub sechon ( 1) shall fum1sh the deta1ls m respect of the art1cle -and 1ts value to the D1stnct Pollee Ch1ef and to the ExecutiVe Mag1strate havmg junsdJctwn after gettmg 1ts approx1mate market value m wntmg ac;sessed by a respectable merchant of that area who usually deals w1th such art1cles (3) If such art1cle IS '>Ubject to speedy natural decay or IS hve-stock, then the StatiOn House Officer may forthwith sell the same m pubhc auction (4) The D1stnct Pohce Chtef shall 1ssue a proclamatiOn, spec1fymg the detatls of the articles undertaken m charge under sub-sectiOn ( 1) , requmng any person who may ra1se a cla1m thereon to appear before the officer spec1fied m the proclamatiOn w1thm th1rty days from the date of such proclamatiOn and to establish h1s cla1m (5) The D1stnct Pollee Ch1ef, may on sat1sfymg the nght of any person to the possesswn of the property spec1fied m the proclamatiOn, order the same to be released to h1m, after reahzmg the fees fixed for Its se1zure and custody Prov1ded that such order shall not m any manner affect the legal nght of another person to recover such art:cle part1ally or fully from the person who got pos!>eS<;IOn of,such arttcle by such order t (6) The D1stnct Pollee Ch1ef may obtam such secunty as he thmks proper from the person to whom the ~aid article IS handed over under sub section (5) Provided that the Dlstnct Pollee Chief may take actiOn under sub-sectiOn (8) for any delay of more than two days m takmg away the art1cle m respect of wh1ch the nght of possessiOn was g1ven Without reasonable grounds (7) If no person establishes h1s cla~m on such art1c!e ..v1thm the penod spectfied m the proclamatton, the art1cle may be used m the Pollee Department m heu of any arttcle whtch was rcqmred to be ordmanly purchased for offic1al purpose or such property may be sold m auction under the orders of the D1stnct Pohce Ch1ef and the sale proceeds thereof shall be credited to the Cnmmal Justice Mtscellaneous Expenses rund c 28 (8) (1) The State Pohce Ch1ef may fix the noons from t1me. to tim~ fur fixmg the rates of fee to be lev1ed for keepmg such art1cles takmg mto ac~ount the s1ze and nature of such art1cle undertaken m the charge of the pohce under sub-section ( l ), (n) The D1stnct Pohce Ch1ef may, on any day, sell the sa1d article m auctiOn after the fee to be lev1ed from the cla1mant for keepmg such nrt1cle becomes half the market value of the att1cle Prov1ded that no such charges shall be collected from the actual owner of the article for the first seven 'days after the article was undertaken by the Police or for any pcnod after the date of such art1cle being taken for Government usc . (9) Where an uncla!ffied art1cle had been sold m auctiOn and later 1t I!> found that the actual owner had been wt;ongfully dispossessed of the art1clc by ' another person and at the appropnate time he had reported that matter legally to the concerned authont1es tn time,. the entire sale proceeds of such art1cle shall be returned to the actual owner w1thoul deductmg any amount a•, fees (I 0) No Pohce Officer shall keep m custody any uncla1med live-stock or art1cle liable to speedy decay for more than one day and such officer •.hall not be held hable for any loss caused to anyone by reason of ~onductmg auctwn of such art1cles forthwith . • (II) No Police Officer shall make good, any loss, real or notwnal, caused to anybody by reason of the conductmg auctwn as ·such of any ~ncla1med article referred to m sub-section (I) after thirty days from the date on of whtch the article came IntO the pOSSCSSIOn the pollee 57 Pollee to attempt to locate m1ssmg persons-~ I) Whenever a Station House Officer rece1ves any mforrnatwn from wh1ch he reasonably suspects that any person IS m1ssmg and there are cm;umstan<..es to belteve that,- (a) such person IS m danger or not under the protection of lawful guard1ansh1p, or (b) such person may be subjected to !>Orne d.angerous offence, or (c) such person IS abscondmg himself to prevent someone .from 1mplementmg a lawful nght declared by any court, such officer shall r~g1ster the mfonnatwn m a manner S1m1lar to the procedure prescnbed for a cogmzable offence and take 1mmed1ate actwn to locate the m1ssmg person • 29 (2),Dunng such enqumes such officer or any officer deputed by h1m may cxamme and record the statement of any w1tness and search any place • • {3) All persons shall answer truthfully to any questiOn. by a Po!tce Off1cer enqumng th1s matter and a copy of such statement recorded by that off1cer shall be g1ven tc1 the w1tness and after gettmg such copy, the Witness <thall s1gn and acknowledge that such copy has been rece1ved • ( 4) All searches under thiS sectiOn shall be .d one accordance With the In prov1s1ons of. th~ Code of Cnmmal Procedure, I 973 (Central Act 2 of 1974) (5) The m1ssmg person 1f found on enqu1ry shall forthwith be handed over to the respons1ble guard1an or produced before the Magistrate havmg Junsdlctton . " (6) Where the person so produced IS a woman or a ch1ld the MagiStrate shall take such steps as are needed to safeguard the pnvacy and mterest of that person 58 Pollee to keep registers m respect of rn1ssmg properties -Any Statton House Officer who receives any credtble mfoonat10n that any valuable property or sec\,lnty belongtng to any person IS lost, such officer may on satisfymg that the value and the nature of the mtssmg property JUSttfies such a procedure, record the mformat10n m a reg1ster mamtamed for that purpose and may cause enqUires as may be reasonably necessary to locate the property and g1ve, to those who d~mand so, a certificate recordmg the satd loss 59 Pollee to g1ve certificates of non-mvolvement m offences -The Dtstnct Po!tce Chtef or the Statton House Officer may, on the apphcat10n of any person, gtve a certtficate to the effect that suclt person 1s not mvolved tn any offence after SUitable enqumes and after reahsmg such charges as may be ftxed by the Government m th1s regard • 60 Pollee to g1ve secunty adviCe -Any D1stnct Pohce Chtef on recetvmg any mformatton that at any place w1thm hts JUrtSdlcttOn very valuable movable properttes kept or that any place of pubhc tmportance ts facmg grave secunty ar~ threat, then he may, on hts own motiOn m consultatiOn w1th the person or persons m charge of such place, cause a SUitable secunty mspecttOn and on the basts of such mspect10n, the persons m charge of th~ premtses may be d1rected to take necessary precautiOns secun~ . Provtded that nothmg m th1s sect10n shall be deemed to compel any person to' do or not to do an act wh1ch he was otherwise not compelled 30 ..... 61 Pollee to regulate and wntrol traffic -A Pohce Officer on duty may, for av01dmg d1sorder, obstruction and danger, regulate and control traffic m any pubhc place and for that purpose g1ve reasonable directiOns to all concerned and they 1>hall be bound to obey such directions 62 Secunty be gtven to mJtvtduaf~ and pttvace mslltutwns -(!) The D1stnct Pohce Ch1ef or the State Pohce Cluef or the Stat:on House Officer may, on the bas1s of mformatwn avadable, take a deciSIOn to deploy free of cost, additiOnal pohce force m any publ1c pla"e or pnvatc place for prevcntmg the commisston of any 1mmmcnt offence or for prcventmg any unmment danger agamst the pubhc or any mdiVJdual or the Govenunent or any mst1tut10n (2) No mdJvJdual or mstJtutJOn shall have any nght to be deployed w1th pohce force m an enhanced rate exclusively for them free of co~t or on levymg fees other than the cJrcum~tances under wh1ch 111 addition to the general and normal rates of pohce arrangements available for the pubhc as part of nom1al pollee services, the State Pohce Ch1ef or the D1stnct Pohce Ch1ef or the StatiOn House Off1ccr 1s otherwise ~at1Sf1ed that there IS 1mmment danger for the occurrence of a grave offence. (3) The Government or the State Pohce Ch1ef may fix the norms and procedure for deploymg more pollee force to an mdlvJdual or mst1tut10n or • groups exclusively for the protection of then properties, the rate of fees to be lev1ed and the circumstances under wh.1 c1l such , f ees may be lev1ed 63 Polu:e actwn tn dtsputes whu:lt may lead to cogmzable offence I If anyone bnngs to not1ce of the Circumstance of a d1spute between any ' I mdJv1duals or groups wh1ch 1f not re~olvcd at the earliest IS_ hkely to culmmate 1 l mto a cogmzable oftence, the StatiOn House Officer shall take sieps,- (a) to ascertam the facts and circumstances of the matter by mteractmg j With the mdJv1duals concerned or to others acquamted w1th such facts, or · (b).to g1ve warning m wntmg to any mdJvJduals or all groups mvolved m the d1spute agamst the domg of any unlawful act rn contmua!lon of the dispute, or {c) to encourage Individuals or groups mvolvcd m the d~:>pute to redress the d1sputc through mutual d!'>CU~slon or through mediation, or ' (d) to advise md1v1duals or groups to approach the compet1·nt court havmg JUnsdicUon for redressmg the diSpute, or (e) to require the md1vlduab or groups to seek redres~al of the d1spute by appeanng before an Executive Magistrate havmg JUnsdJctJOTI, or \ • 31 ~- (f) to report facts before the Magtstrate havmg junsdtctlon for takmg swtable actiOn agamst any mdtvtdual or all groups under the provtstons of the Code of Crunmal Procedure, 1973 (Central Act 2 of 1974) 64 Communzty Polzczng -( 1) The Dtstnct Pohce Chtef shall constitute ConmlUmty Contact Commtttees for each police statwn. compnsmg the local restdents of the area as representatives of the communtty, to gtve general asststance to the Poltce in the d1scharge of thetr duty (2) The C<'!Timumty Contact Comlhtttces shall have a farr representation of all categone<; of the soctety mcludmg pt>rsons from servtce and professiOnal sectors, women and persons belongmg to SC/ST communtttes under the Junsdtct'lon of the poltce statton (3) No person who had been sentenced to tmpnsonment by a cnmmal court er who had been dtstmssed, removed, dtscharged or compulsonly retired ~om any employment on 'grounds of corruptiOn, moral turpttude or mtsconduct m the prevwus five years shall be nommated as a member of the Commumty Contact Committee (4) fhe Commumty Contact Commtttee shall tdcnttfy the extstmg and emergtng needs for Police servtces of common nature m the area whtch needs · due constderatiOn by pohce and also to develop actiOn plans for ensunng the • • secunty of the area or any part thereof · • (5) The Commumty Contact Comnuttee shall m_eet d~ may be requtred ( 6) The general public ol-that area may parttctpate m the meetmgs of_the Comnuttee (7) The Commumty Contact Commtttee shall encourage every ctttzen to bnng to the nottce of the poltce mfonnatlon about the offence~ happened and the ,• posstbiltty for the occurrence of offences (8) The Commumty Contact Comm1ttee may form -;uh-commlltees for any spectfic purpose or for part1cular-areas or for the spectfic functiOns (9) TI1e Comm,umty Contact CommlltC'e may formulate programmes for promotmg secunty awareness, safety awareness, preventiOn of cnmes and legal ltteracy, etc ( 10 ) Commumty Contact Commtttee shall not undertake themselves any lawful authonty of Police force such as mvesttgatton of crunes or mamtenance of law and order 32 I 65 Serv1ce of Beat Pollee -(1) The area of JUnsdJctions of every pollee j station shall be diVIded mto vanous beats and sufficient beat patrols shall be provided to each beat area for beat patrols on permanent basis 1 (2) The followmg matters shall be the duties and responsibilities of the I beat patrols along w1th other matters,- .j (a) keep contact w1th the members res1dmg m the Community Contact Committee area and the Citizens who have act1ve partiCipatiOn m commuruty hfe, • (b) review dunng every VISit the ~teps to prevent offences m the beat area, (c) collect mformat10n m respect of cnm1nals, terronst~ and anti social elements, 1f any, m the area and commumcate the same to tht' officer m charge of the pollee station, .. • (d) observe the cnmmals subjected to special observatiOn, 1f any, In the beat area and those havmg cnmmal background and those w1th !tad character, (e) understand about the ,local d1sputes havmg a chance for v10lence and mform all the available deta1ls to the officer-in-charge of the pohce station; .. (f) carry out any other pohce task m respect of the area entrusted by the superv1smg officers, (g) mform the officer m charge of the pollee statiOn. m wntmg, about the gnevances and complamts from the general public m respect of Pollee serv1ce, and (h) mamtam a record of the works performed dunng the t1me of v1s1t and subm1t the sam!! to the officer-m-charge of the pollee statiOn 66 Reward to general pubhc -The D1stnct Pollee Ch1ef m<~y, subject to Government Orders and mstruct10ns, prom1se rewards and award the same to the general public for excellent serv1ce.s rendered or prov1dmg mfort11at10n for the preventiOn of offence or for the mvesugatwn of cnme for the mamt(·nance of law • and' order or secunty or traffic safety 67. Takmg over possesswn of bUL!dmg and premises for pr_eventmg .. not- (1) The semor most pollee officer not below the rank of Inspector present at the spot may temporanly close or take over any bulldmg or other place for a penod not exceedmg twenty four hours for preventmg or suppressing 33 any Mmmment not or grave d1sturbance of peace and may remove all or any persons therefrom or allow entry thereon only for such fixed persons on such condat10ns as he deems fit and all persons concerned shall be bound to behave themselves m accordance w1th such orders Provtded that whale takmg such steps the d1fficult1es caused to women, children, semor c1t1zens and d1fferently abled persons, etc. shall be taken mto account and such dafficultaes shall be av01ded as far as poss1ble. Prov1ded further that for g1vmg and 1mplementmg such dJrect1ons, beyond • twenty four hours and up to s1xty days, orders m wntmg of the D1stnct Magtstrate shall be necessary (2) The D1stnct Magtstrate may, on hts own motton or on the apphcat10n of any aggneved person by an order under sub-sect ton ( 1) , cancel or amend any such order 68 Handlzng of acczdents or dzsaster -At the time of occurrence of a senous acctdent or dasaster at any place tf tt appears to the semor most pohce officer present at the spot that any d1spute or confltct of opm10n or contentaon or confusiOn etc , extsts there whtch may be a ground for the posstb1hty of an 1mmment and grave d1sturbance of the peace or v10lat1on of law and order or causes great mconvemence to the general pubhc or danger, he may gtve such orders as the carcumstances may warrant as to the behavaour of all persons and all persons concerned shall obey such orders 69 Actwns on the occaswn of fire, dzsaster or acczdent- (1) On the occasaon of a fire, dtsaster or acc1dent any or any member of the fire pohc~ servaces or any Magistrate or m the absence of any such person any pubhc servant may do the followmg matters, namely - (a) remove or order to remove those causmg hmdrance m the rescue and rehef operattons for protectmg hfe or property, • (b) close any street or passage, pubhc or pnvate, needed for the purpose of rescue and rehef operattons, (c) enter, open, break down, or allow passage of any hose ptpe or ' other equtpments by htmself or by those actmg under has orders m any premase, pubhc or pnvate, needed for the purpose of rescue and rehef operattons for protectmg h fe and property, (d) take such appropnate and reasonable ammedtate steps as may deem necessary for the protectaon of hfe and property; .,1112St/U. 34 (e) requtre equtpments or other thmgs, publtc or pnvate, need~ for the protectton of ltfe and property and those m possesston of such arttcles shall gtve the same under the dtrecttOn of the Poltce Officers (2) Any damage happened m pursuance of the dtrectwns gtven under sub-sectton (I) shall be deemed to be a damage by fire, dtsaster or acctdent etc , ehgtble for msurance coverage wtthm the meanmg of any msurance pohcy agamst fire, dtsaster or acctdent, etc and m the absence of such msurance the Government may pay to the concerned parttes a reasonable amount as compensatiOn, as may be assessed by the Dtstnct Magtstrate (3) Nothmg m th1s sectwn shall exempt any Pohce Offtcer or any member of the fire servtces or any Magtstrate or pubhc servant from the habtltty for damages caused on account of any acts done by htm wtthout reasonable grounds 70 Polzce equzpment to be exempted from lzcenszng - The Government may exempt any eqmpment or arttcles m offictal use, held under the ownershtp of the Poltce Department for the purpose of dtschargmg any of tts functwns, from the condtttons of obtammg a ltcense for the same under any law or from the payment of any armual fee or hcense fee to any Governmental Agency or Pubhc Authonty 71 Polzce officer to furnzsh mformatwn, etc -Any poltce off1cer may furntsh any offic1al mfonnatton before a Magtstrate and apply for the t~sue of summons or warrant or search warrant or such other lawful processes under law agamst any person who had commttted an offence or for the dtscovery c.f a thmg . VI CHAPTER POUCE REGULATIONS 72 Traffic Regulatory Commzttees -(I) In every Grama P<!nchayat, Muntctpaltty and Corpor~ttOn Traffic Regu-latory Commtttees shall be constituted as may be prescnbed, for regulatmg matters m respect of 11 affic (2) The concerned head o'f the Local Government mstttutton shall be the ChalfDlan of the Traffic Regulatory Commtttee and the nommees of the Dtstnct Magtstrate, the Dtstnct Poltce Chtef, the Regtonal Transport Officer and the Executtve Engmeer of Pubhc Works Department shall be the members of the satd Corruruttee 35 ..__ (3) The Traff1c Regulatory Comm1ttee shall 1ssue orders, not mcons1stent w1th the prov1s1ons of the Motor Veh1cles Act, 1988 (Central Act 59 of 1988) and the Kerala Road Safety Act, 2007 (Act 8 of 2007) and the rules made thereunder, for prevent.mg danger, obstructiOn and mconvemence caused to the general public m respect of traffic m the followmg matters Such orders tssued shall be complied w1th by the Government Departments concerned, the officers and the general public, namely - • (a) regulate the manner and t1me of traffic of all kmds m public places, (b) regulate the gateways, festoons, banners, hoardmgs, s1gns, representatiOns, 1llummated d1splays, construction act1v1ty, trade, weldmg, envtronmental pollutiOn, nutsance by n01se, blastmg of rocks, m1mng, burstmg of crackers, flymg of kites and fireworks etc , seen m any property m the manner havmg the posstblllty of d1stractmg attentiOn of the public road users or causmg danger to them, (c) regulate the manner and mode of conveyance of timber, poles, ladders, 1ron g1rders, beams, 1ron bars, b01lers, hay, s01l and art1cles d1fficult m handling, etc along the streets, (d) regulate the carrymg of any explos1ve substances or hazardous chem1cals along pubhc places wh1ch may cause danger. to road users, (e) close certam streets or mstruct that no one shall enter m certam places under Circumstances that there 1s reasonable apprehensiOn of danger from butldmgs wh1ch are on the verge of collapse or due to other reasons, (f) regulate the manner and means of entry from streets and pubhc places to pnvate bUtldmgs and places Situated on the road s1de, --- (g) fix the manner m wh1c!I the members of the general pubhc may voluntanly ass1st m traffic management w1thout causmg any financ1al hab1hty m that respect to the State or the Pohce Department (4) SubJect to the approval of the Traffic Regulatory Comm1ttee, the D1stnct Pohce Ch1ef may 1ssue orders on the above matters and such orders shall be subm1tted before the concerned Traffic Regulanty Comm1ttee w1thm seven days 36 (5) The orders submttted m such manner shall be constdered bfthe Traffic Regulatory Commtttee and appropnate dectston shall be taken thereon Provtded that the orders tssued by the Dtstnct Pohce Chtef shall remam m force until a dectston ts taken by the Traffic Regulatory Committee. (6) A Distnct Level Traffic Regulatory Commtttee shall be constituted, m the manner prescnbed by the Government, for coordmatmg the acttvtttes of the Traffic Regulatory Committees in a D1stnct and to estabhsh traffi,; regulations for the dtstnct as a whole m the above matters 73 Regula/zan of phys1cal trammg -( l) No person shall 1m part or orgaruze any phystcal trammg which mvolves method of exercises regardmg d1l attack or self defence to the pubhc or any person or persons or to part1c1pate therem except m accordance w1th the provisiOns m the perm1t gtven for this by an authonty whtch as may be prescnbed: Provtded that the prov1stons of the sub-sectton shall not apply to any trammg,- (1) c·onducted by an educatiOnal mst1tut10n owned or controlled by the Government or affiliated to any Umversuy m the State as part of Its cumculum or course of study; or (11) gtven by a club or gymnasmm recogmzed by the Kerala Sports Counctl (2) No person shall permtt any person havmg no perm1t in the matter to use any butldmg or prem1ses owned or possessed by h1m for conductmg such phystcal trammg (3) The permit under sub-section ( l Y shall be g1ven subJect to such condtttons and restncttons and on payment of such fees as may be pre-scnbed I (4) Any Pohce Officer, not below the rank of a Sub Inspector, !.hall have l free entry m any place where trammg ts conducted for ensunng that such trammg ts conducted m accordance wtth tlus Act and the Rules made thereunder 37 ~ 74 Power to cancel perm1t -( 1) The authonty prescnbed under sub section (I) of section '73 may, by order, cancel or suspend a perm1t granted under the sa1d section,- (a) 1f any fee payable by the holder of such permit IS not duly patd, or (b) m the event of any viOlation of the terms and conditions of such permit, by the holder of such perm1t or by hts servant or by any person actmg · on h1s behalf wtth hts express or tmphed perm1sston, or • (c) tf the holder of such permtt IS convtcted by a court of law for any offence mvolvmg moral turpitude or anttsoctal actiVIty, or (d) 1f the holder of such permit IS found, after due enquuy, mvolved 10 any anti soctal actiVIty as defmed m the Kerala Anti Soctal Acttvlttes (Prevention) Act, 2007 (34 of 2007) (2) An appeal aga10st an order under sub-section ( 1) shall be filed before the Inspector General of Pohce havmg junsdtction over the area where the place of such trammg IS Situated 75 Power to proh1b1t mass dn/1 -(I) The Dtstnct Magistrate may, whenever he cons1ders 1t necessary to do so for the preservatiOn of pubhc peace or pubhc safety or for the mamtenance of public order, by pubhc nottce or by order d1rected at md1vtduals or orgamsattons, proh1b1t 10 any area wtthm hts JUnsdtctton the holdmg of or taking part m any mass dnll or any mass trammg wtth arms or the carrymg of arms m any processiOn or takmg part therem ExplanatiOn -For the purposes of thts sectiOn "arms" means any object whtch can be used as a weapon for commtttmg offence and mchrdes any type of Iatht or suck (2) No prohtbthon under thts sectton shall remam m force for more than three months • Provtded that tf the Government constder It necessary so to do for the preservation of pubhc peace or pubhc safety or for the mamtenance of pubhc order, tt may, by order pubhshed m the Offictal Gazette, dtrect that any such order of prohibition Issued by the Dt.stnct Magistrate under sub-sectton ( 1) shall rem am m. force for such further penod not exceedmg SIX months from the date of exp1ry of order. - ~uch 76 Power to reserve any street or public place -The Dtstnct Pohce Chtef may, subject to the orders of the Government, by pubhc nottce, temporanly reserve anl' pubhc place or street f~r any pubhc purpose and probtbtt persons from entenng the area so reserved except under such conditiOns as may be specified by htm 38 77 Regulatmg nu1sance caused by no1se -(I) The Dtstnct Pollee Cht( f may, m order to prevent nutsance, hann, odJUm, damage or nsk to the pubhc or to .any person restdmg m an area tf he IS satJsfied that 11 JS necessary to do so, tssue necessary spec1al or general dtrect10ns for preventmg or regulatmg m any street, open space or any other butldmg,- {a) any vocal or mstrumental mustc or speech, (b) any sound caused by the use m any manner whatsoever of any mstrument or contrivance whtch ts capable of making, producmg, reproducmg or ampllfymg sound , or (c) any trade, vocatiOn or acttvtty whtch creates or causes any sound or notse (2) The Dtstnct Pollee Chtef may etther on hts own motwn or on the apphcauon of any person aggneved by an order made under sub-sectiOn (I) rescmd, modtfy or alter any such order 78 RegulatiOn to prevent vzolence--{ 1) The Dtstnct Pollee Chtef may, tf Jt IS satisfied from the ctrcumstances that 11 ts necessary for the preservalwn of pubhc peace or pubhc safety, by nottficauon, etther proclaimed or specrfically addressed to mdtvtduals, prohtbtt or control m any manner for a perrod not exceedmg fifteen days m any place,- (a) the preparation, storage or transport of destructive matenal, explostves, gun powder, stones or other mtsstles or mstruments whtch can be used for the makmg of or launchmg of mtsstles or any weapon or any other obJect whtch can be used for attack, or • {b) the exhtbttJOn of hvmg persons or corpses, or (c) the preparation, exhtbttJOn, representation, dtstnbutwn or dtssemmatton of ptctures, symbols, placards, pnnted matter, pamphlets, books, audto-vtdeo recordmgs, dtgttal records, posters whtch may mflame communal or I I rehgwus passwns or offend general standards of pubhc morahty or senously I affect pubhc peace or endanger secunty of the natwn I (2) Any article used or earned by any person m contraventwn of any prohtbttwn under sub-sectwn ( 1) may be setzed by a Pohce Officer on duty 39 79 Regulatwn of public assemblies--{ 1) The D1stnct Pohce Clnef may, 1f m h1s cons1dered opmwn, such action 1s JUStified m the mterest of mamtenance of law and order or preservatiOn of pubhc peace or pubhc safety, by notificatiOn proclaimed, perm1t, control or regulate any pubhc assembly or processiOn m any marmer (2) No notificatiOn procla1med under sub-sect1on (1) shall remam m fo.. rce for more than fifteen days from the date of such proclamatiOn • (3) The State Government may e1ther on 1ts own motwn or after due enqu1ry on the apphcat10n of any person rescmd, mod1fy or alter or extend the penod of vahd1ty of any such notificatiOn Issued under sub-sectwn (1) ( 4) The State Government may, by general or spec1al order, on busy through fares, spec1fy that such demonstratiOns, ralhes or assembhes should be earned out only at certam spec1fied places or along spec1fied routes m urban areas for ensunng that demonstratiOns on busy public roads do not senously affect pubhc hfe 80 District Magistrate to make regulatwns -( 1) The D1stnct Magistrate may m consultatiOn w1th the Local Self Government and wnh the D1stnct Pohce Ch1ef make and notify regulations, from t1me to t1me, m any local area, as he deems fit,- for the followmg purposes- (a) preventmg any act1v1ty, damagmg, defiling or destroymg of pubhc property, or endangenng pubhc hyg1ene or environment or defiling water bod1es and water sources, (b) preventmg the dumpmg of any matenal m any public place other than at such times and places spec1fied by the competent authonty mcludmg the Local Self Government, • (c) controlling the movement, not m conformity w1th regulatwns spec1fied m th1s regard, of any waste or hazardous matenals through pubhc streets and to or from houses and bmldmgs on public streets, m order to ensure necessary hyg1ene, (d) regulatmg the exposure or movement m any street of persons or ammals suffenng from contagiOus or mfect1ous d1seases, the carcasses of arumals or human bemgs, or parts of such carcasses or waste from abattmrs or deadly b10log1cal or chem1cal products, (e) regulatmg the constructiOn, repa1r and demoht10n of bu1ldmgs, platforms and other structures wh1ch may endanger the users of any street or pubhc place, 40 (f) formulatmg and regulatmg the steps for co-ordmat1on among Departments and between the Pohce and such Departments before undertakmg any work on the streets for purposes such as provtston for electnctty, water, sewage, exchange of mformat10n, commumcat10n, removal, repatrS, adverttsmg, dtggmg, separatiOn etc , m a manner affecting the traffic, pnor to commencement of such work so as to enable the Pollee to make suitable alternative arrangements dunng the penod of such work and to reduce mconvemence caused to the public, · • (g) makmg arrangements to ensure that owners or occupiers of property, clean and dtsmfect thetr respective houses and surroundmgs and sh1 ftmg the persons and ammals deceased or suspected to be deceased, m order to prevent spreadmg of eptdemtc or contag10us dtseases, (h) regulatmg, m order to prevent obstructwn, 1nconvemence, annoyance, nsk, danger, tnjury etc , to passers-by or to the residents m the VlClDity,- (1) activities relatmg to places of public resort, (n) arrangements relating to pubhc safety m streets, public places and buiidmgs m such places, • (1i1) the blasting of rocks, (tv) any constructiOn, reparr or mamtenance work, (v) any commerctal acttVItles (2) Every such regulatiOn shall be pubhshed at the place where tt 1s to be Implemented and all persons concerned shall be hable to comply w1th the same 81. Mamte;t"ance of law and order at assemblies where d1sputes ex1 st --{ 1) • Where the Dtstnct Magistrate IS sattsfied that a dJ,Spute or contentton elosts, relatmg to the orgamzat1on of or partiCipation m any functiOn or pro~ess10n, exrub1t1on or organized assembly and that such d1spute or contentiOn IS likely to lead to the disturbance of peace the D1stnct Magistrate may g1ve such appropnate orders as to the conduct of the persons concerned as he deems necessary under the Circumstances (2) The D1stnct Magistrate shall, whtle tssmng such orders, gtve due regard to the apparent legal nghts of the persons and parties concerned and to any established practice. 41 )._ (3) Every such order shall be pubhshed at the place wherem 1t IS to be Implemented and all persons concerned shall be !table to comply w1th the same (4) Any order under sub-sect1on (1) shall be subJect to auy JUdgment or order made by a court havmg JUnsdlctton and shall be recalled or modified by the D1stnct Mag1strate, 1f he IS satisfied that such order IS mcons1stent w1th such Judgment or order • 82 Persons to render essentwl servzces -{ 1) 1be D1stnct Magistrate or the Government may after cons1denng the s1tuat1on preval1mg m any local area for the purpose of peace or for the avmdance of danger to the pubhc or mamta~mg for the prevention of any danger to hfe and property ansmg from any type of acc1dent or d1saster, request the professional, mental or phys1cal serv1ces of any person or group of persons, mst1tut10ns and such persons or groups or mst1tut1ons shall be bound to render such serv1ces to the best of the1r ab1hty (2) The persons or mst1tut10ns who render such serv1ces shall be ehg1ble for reasoJ;~able remuneratiOn as well as reimbursement of expenses mcurred by them and the D1stnct Magistrate shall take appropnate actiOn for such payments to them 83 Speczal Secunty Zones- ( 1) The Government may, on the recommendation of the State Pohce Ch1ef or otherwise by reason of h1gh secunty threats faced by any d1stmgu1shed or protected person present m an area or any 1mportant mst1tut10n or prem1ses Situated tl)erem, not1fy such area as a Spec1al Secunty Zone (2) The Government may d1rect m areas so nottfied under sub-sectiOn ( 1) reasonable restnctwns w1th respect to the use of butldmg prem1ses and veh1cles and m respect of the movement of persons, veh1cles and obJects and pohce officers may 1ssue, to all concerned, such drrect10ns as are necessary for the comphance of such restnct10ns • CHAPTI.R VII SERVICE CONDillONS 84 Government to specify condztzons of servzce-The Government may, subJect to the prov1s1ons of the Kera1a Pubhc Serv1ces Act, 1968 ( 19 of 1968) and rules framed thereunder, by general or spec1al order, spec1fy appomtment, trammg, pay, allowances, transfer and other cond1t1ons of serv1ce of poltce officers 42 Provided that cond1t10ns of service m respect of officers belongmg to the Ind1an Police Serv1ce shall be governed by the All Ind1a Services Act, 1951 (Central Act 63 of 1951) and the rules made thereunder 85. Polzce officers be ~ubject to dzsczplzne-The police officers and persons undergomg trammg after selectwn for appomtment as a pollee offic1·r, shall be subject to the provisions of diSCipline and are hable to,- • ( a) accept reasonable restnctwns, as may be fixed by the Government or the State Pollee Ch1ef, on pubhc expresswn of opmwn, formatiOn of assoc1atwns, political activity, withdrawal from duty and on the standards of public and pnvate conduct expected from them, (b) discharge to the best of therr abilities therr lawful duties m a lawful marmer with due courage, detenmnatwn and Impartiality, • (c) utJhze !herr capab1httes lawfully to the maxunum for preventmg the commission of cogn1zable offences and for enforcmg the law always, (d) carry out lawfully the orders of the authonzed supenor officers, magistrates and JUdicial officers and not to withdraw themselves from the1r duties Without the specific perrmsswn of their supenor officers, (e) wear the umforms m the manner fixed by the competent authonty on specific occaswns and for the J9erformance of specific duties, (f) conduct themselves m accordance w1th the general or special order 1ssued by the State Pollee Ch1ef, while engagmg m each duty and on other occaswns 86 Dzsqualzficatzons for appozntment as a polzce officer-(1) No person shall be ellg1ble for appomtment as a pollee officer or shall have the 11ght to • contmue m employment as a pohce officer 1f that person,- ( a) IS not a citizen of Ind1a, or (b) has been convicted by a court of law for an offence mvolvmg prochv1ty for vwlence or moral turpitude, . 1 (c) IS found mentally, physically or behavwurally unfit for carrymg out the duties of pohce, or (d) IS a member of a poht1cal party and IS not prepared to termmate h1s membership even after recrUitment, or 43 • (e) 1s an office bearer of any soc1al, rehg10us, cultural or sc1entlfic orgamzat10n and IS not prepared to g1ve up or termmate such pos1t10n even after mstructJ.ons from Govenunent, State Pohce Cluef or the D1stnct Pohce Cluef, or (f) IS or has been, a member of any banned orgamzat10n (2) A person agamst whom a cnmmal case for an offence mvolvmg prochvtty of vtolence or moral turpttude ts pendmg before a court of law shall be entttled to appear for recrmtment, to get selected and to undergo trammg, but • shall be entitled for permanent appomtment only after bemg acquttted (3) A poltce officer, at any ttme after appomtment IS found belongmg to any of the categones under (a) to (f) of sub-sectiOn (l), the appomtmg authonty may tmmedtately place the satd offtcer under suspensiOn and after gtvmg reasonable opportumty to prove otherwtse, d1smtss, remove or compulsonly rettre the officer as the case may be 87 Oath to be taken by pollee officer-(!) Every member who JOtns the Po!tce Force under th1s Act shall on satisfactory completiOn of trammg take an oath m the ftxed format before the appomtmg authonty or an officer nommated by htm (2) The appomtment of an officer shall become null and votd tf the officer refuses to take such an oath I 88 Pollee Officers be gzven certificate of authorzty -( l) A person, on appomtment as a pohce officer, shall be g1ven a Certtficate of Authonty so as to enable htm to dtscharge the functiOns of a poltce officer under the Act Provtded that no person shall be appomted as a poltce officer unless he has successfully completed the course of trammg as may be fixed by the Govenunent • (2) The trammg penod of a person who successfully completes the trammg shall be treated as duty m the manner as may be prescnbed 89 Polzce officers be always on duty -Every pohce officer, except on leave or specifically exempted or under suspension, shall for all purposes of thts Act, be hable at all times to d1scharge duties and be deployed as a poltce officer m any part of Indta as may be dectded by the State Poltce Chtef 90 Polzce Officers to serve zn any Branch -All pohce officers of the State Pohce shall be appomted temporarily m any wmg for the performance of any duty 1f so ordered by the State Pohce Cluef, 1rrespecttve of the fact that they are selected and posted to any part1cular Branch 44 91 Polzce Officers not to Withdraw from duty-( I) No pohce officer shall res1gn from h1s office or wtthdraw htmself from the dut1es of hts post unless expressly allowed to do so by the State Poltce Chtef or by any other officer authonzed by htm (2) A pohce officer who ts absent from duty after lawfully entenng on leave and fa1ls Without reasonable cause to report back for duty on the exptry of such leave, shall be deemed, w1thm the meanmg of th1s sect1on, to have Withdrawn lumself from the dulles of h1s office • 92 Polzce officers not to engage m other employment -No Poltce Officer, other than a Spec1al Poltce Off1cer, shall engage m any other trade or employment other than h1s dut1es under th1s Act ' 93 Pollee Officers under suspenswn not to exerc1se power -(1) The powers and spec1al pnv1leges vested m a pohce officer shall cease when he 1s placed under suspenston from the post he holds (2) Such pohce officer placed under suspensiOn shall contmue to be subJect to the same d1sc1plmary rules and control of the supenor authont1es as was appltcable before hts suspenswn (3) Any officer may, at any ttme, restram any officer lower m rank actmg under hts dtrect superv1s1on from dtschargmg all or any part of hts duttes fixed even tf he 1s not placed under suspensiOn .(4) Any officer actmg under sub-section (3) shall commumcate the facts and the reasons for the actiOn to the appotntmg authonty wtthm twenty-four hours of such restramt bemg tmposed and 1f the appomtmg authonty does not confirm or modtfy such actton wtthm seven days, the restramts tmposed shall cease to have any effect• 94 Duty t1me ofp ollee officers-( I) Pohce officers, though !table to perfonn duttes for any length of ttme as may be requrred, shall not normally be expected • to work for more than etght hours a day (2) The duty hours of poltce officers may exceed beyond etght hours m a day m case of any unavmdable or emergent duty Prov1ded that no poltce officer shaU refram from dtschargmg any duty asstgned to htm or wtthdraw h1mself from any urgent or essenttal duty wtthout the perrntsswn of supenor officers on the ground that he has worked for more than etght hours m any twenty-four hour penod 95 Pollee Officers not to show coward1ce -(I) All pohce officers, shall be prepared to face posstble phystcal danger warranted by the crrcumstances dunng the course of dtscharge of thetr lawful duttes 45 ). (2) No pohce officer, durmg the d1scharge of h1s dut1es shall Withdraw from h1s lawful acts or engage m any unlawful acts on account of coward1ce.

(3) If a pohce officer w1thdraws from the lawful d1scharge of hts dut1es on account of fear of any person or object, that officer shall be deemed to be gu1lty of coward1ce (4) Nothmg m th1s section shall compel a pohce officer to do any act by h1mself under the circumstances that there 1s reasonable apprehensiOn of 1mmment death or gnevous mJury • 96 Polzce officers to report corruptzon and tortwe -(I) Every pohce officer shall be hable to mform dtrectly to the Deputy Supenntendent of Pohce or the D1stnct Pohce Ch1ef m respect of any act of corruptiOn or of phys1cal torture agamst any person tv1th the mtenuon of adm1ttmg the comm1ss1on of an offence or creatmg ev1dence wh1ch such officer beheves m good fa1th IS gomg on m h1s presence under the Circumstances he knows very well (2) No such report, made m good fa1th, shall be deemed to be a VIOlatiOn of d1sc1plme on the reason that the officer reported on was an officer lower m rank than the officer agamst whom the report was gtven (3) No pohce officer shall be deemed to have acted as a partner, protector or an accomphce m the sa1d corruption or torture solely due to the reason that the officer has not mformed as such. Prov1ded that the pohce officer not mformed as such shall be subjected to departmental d1sc1phnary proceedmgs 97 Mmzmum tenure of pollee officers --{I) The Government shall ensure a mm1mum tenure of two years for pohce officers posted as State Pohce Ch1ef, Inspectors General m charge of Ranges, Supenntendents of Pohce or CommiSSIOners m charge of Pohce D1stncts and Statton House Officers Provtded that th1s tenure shall not be apphcable m cases of superannuation, promotion, revers1on, suspensiOn, leave, etc. (2) The Government or the appomtmg authonty may, w1thout prejUdice to the nght to m1uate any legal or departmental act1on, transfer any pohce officer before completmg the normal tenure of two years, on bemg satisfied pnma fac1e that 1t 1s necessary to do so on any of the followmg grounds stated m (a) to {f), namely- (a) the officer IS subjected to d1sc1phnary act10n, (b) 1t 1s found pnma fac1e on mvest1gat10n that the officer 1s mvolved m a corrupt practice or m a cnmmal offence mvolvmg prochv1ty for v1olence or moral turp1tude, · 46 (c) the officer 1s physically or mentally mcapable of d1schargiiJi h1s dut1es, (d) a supenor officer evaluatmg the work of an officer, reports, m wntmg, that the officer IS not carrying out h1s duties efficiently, (e) cause senous dissatisfaction m the general pubhc abcut efficiency of pohce m h1s jUnsd1ctton, (f) the officer requests, m wntmg, for a transfer from the place • where he IS worlang 98 Specwl Polzce Officers -{I) The District Pohce Chief may, subject to Government Orders, by order m wntmg, appomt temporanly any able-bod1ed and wiihng person of good character between the age of 18 and 60 years as a Spec1al Police Officer for the purpose of assistmg the police m the mamtenance of law and order (2) Every such special pohce officer so appomted shall, (a) receive a certificate approved by the Government, (b) have the same powers and protection and shall be subject to the same admlillstrative and disc1phnary controls like an ordmary pohce officer, (c) receive such remuneration as may be ordered by the Government (3) Appomtment of a person as special pohce officer shall not be deemed to be an employment e1ther temporary or permanent, m Government and he shall have no preferential claim m future for bemg selected m the Pohce Force on th1s ground ( 4) Spec1al pohce officers may be appomted only under such special circumstances where a large number of people are urgently requued f01 the • mamtenance of law and order (5) Special police officers so appomted ~hall be from ex-servicemen, retired police officers or persons havmg expenence m the NatiOnal Se1 vice Scheme, Nat1onal Cadet Corps, Student Pohce Cadet or any surular group as may be fixed by Government from tune to tune (6) The service of special pohce officers may be termmated at any time Without any pnor notice and without showmg any reason or offenng any compensatiOn by the Distnct Pohce Ch1ef -. 47 ~ (7) No spectal pohce offtcyr shall be tssued wtth any weapon or entrusted wtth the mvesttgattOn of cases and complamts. 99 Prohtbllwn on acts of personal servllude -(1) No pohce officer shall be asked or compelled to do any act of personal servttude m a manner demeanmg and lowenng the dtgmty of the pollee force on the personal demand of another person Provtded that nothmg contamed m thts sect1on shall gtve a nght to a poltce officer to abstam from domg any act wh1ch needed for the lawful IS performance of any duty 100 An act to be performance of duty or not -On the occasiOn of cons1denng whether any financtal asststance, legal asststance or other facthttes shall be gtven to a pohce officer m respect of any legal proceedmgs or treatment or compensatiOn or tn respect of welfare matters connected wtth the performance of dulles and tt ts to dectde whether,- ( a) the act10n of a pohce officer was as part of performance of hts offictal duty, (b) the act happened due to ctrcumstances connected wtth the lawful performance of offic1al duttes by a police officer or as a result of ammos1ty arose from pohce act10ns done by that officer or other police officers (c) the tnJury sustamed by a po!tce offtcer happened dunng the performance of offictal duttes (d) the tnJury or loss sustamed to a poltce offtcer was as a consequence of the ammostty arose by the lawful performance of offictal duttcs by that pohce officer or other pohce officers The State Pohce Chtef or Dtstrtct Pohce Chief may on an apphcat10n by the concerned pohce officer, after conductmg a suttable enqutry amve at a dectston • m respect of grantmg financ1al ass1stance or legal asststance or other facthttes to that pohce officer • Prov1ded that the Government may re-examme such dectston, tf there ts suffictent reason to do so, and ta~e an appropnate dects10n finally I 0 I Departmental Enqwry Proceedmgs -( 1) Any pohce officer, who commtts any mtsconduct or offence under thts Act or any other Act for the ttme bemg m force or rule or order made thereunder may be subjected to departmental enqutry proceedmgs under the Kerala Pohce Departmental Enqumes, (Pumshment and Appeal) Rule~, 1958 nottfied by the Govenunent ,. 48 (2) The State Pohce Ch1ef may order 1mt1at1on of act1on agam~any pohce officer, before the Court m accordance w1th the provisiOns of the Code of Cnmmal Procedure, 1973 (Central Act 2 of 1974) m add1tton to the Deparlmental Inqurry Proceedmgs under the sa1d Rules (3) A pohce officer on bemg found gu1lty on enqu1ry under th1s section and subjected to any penalties shall not be construed as a cnmmal under any other Act mcludmg thts Act or senteneed to any purushment under the Cnmmal Jaw (4) The competent officer or the Government may 1mpose any of the • followmg penalties mentiOned m 1tems (a) to (q) below agamst any pohce officer found gu1lty on completion of the department level mqmry,- (a) fine, (b) extra duty mcludmg dnll and phys1cal trammg, (c) recovery of loss caused to Government from salary, (d) recovery of loss sustamed to the concerned party from salary; (e) g1vmg traimng to Improve work and conduct, (f) prolub1t from perfonrung fixed particular duties 01 ass1grung ftxed partlcular rank, (g) wammg; (h) censure, (1) barnng mcrement w1thout cumulative effect, (J) barnng mcrement w1th cumulative effect, (k) w1thholdmg of promotiOn, • (I) reducmg pay w1thout cumulat1ve effect, (m) reducmg pay With cumulative effect, (n) reduction m semonty or rank, (o) compulsory retirement, (p) removal, (q) d1sm1ssal 49 ~ ) (5) The penalties stated m ttem (g) to (q) above may be gtven sep&rately or tn add1t1on to any pun.slunen: stated m 1tems (a)·to (t) menttoned above • {6) -1 he penabes stated m ttems (a) to (!) above shall not be treated as a bar for the promotton of d pohce officer · (7) Notnmg contamed m thts sectiOn prevents any pohce officer from bnngmg matters m re<>pect of dtsctplmary actton before :he concerned authonty • or any Court • (8) ( 1) Department !eve! enquuy proceedrng~ may be mtttated .1gamst any police officer for the same matter even though he was exonerated by a cnmmal court after tnal he shall not be subjected to penalttes or. the basts of the same facts m department level enqUiry (2) A pollee offtcer tf convtcted for an offt>nce mvolvmg moral turpttude or senous misconduct the d;sctphnary authonty concerned or the State Pol:c:e Chtef or the Government may, after constdenng the nature of. the offence, make hun compulsor:ly retrre or remove or dtsmtss that officer from servtce (9) The pcnalt1es stated m ltemc; (a) to (h) may be dec;ded by tht: :lllthonsed off1cer after g1vmg reasonable opportuntty to the poltce bfftcer concerned to prove his mnocence and wtthout followmg the deta1led procedures spcetfied m the Kerala Poitce Departmental Enqumes (Punt~hment and Appeal) Rules, 1958 autho~~tent (10) The to Impose different penalttes on poltce officers be!ongmg to each rank shall be such as may be specified m the Kerala Pohce Departmental Fnqume'> (Puntsh.-nent and Appeal) Rules, 1958 I 02 State Polu.e Chzef to codify the penaltzes -The State Poltce Ch1ef shall subject to the dtrecttons of the Government, fix and cod1fy the maxtmum and mm1mum diSCJplmary penalttes for n11sconduct of a s1m1lar nature • Provided that under any Circumstances tf a penalty dtfferent from the one as • codtfied :~ to be tmroscd 1t shall be done wtth the approval of the State Pollee Cluef I 03 Appeal and Revzszon -The department leveJ mqutry procecdmgs Initialed agatnst poltce officer shall be as per the prOVISIOnS COntatned tn the Appeal and ReviSIOn Rules .,. 104 Polzce Welfare Bureau -{I) lbere shall be a Pohce Welfare Bureau m the S:ate Police under the leadership of an officer not below the rank of an Addtltonal Director General of Police to advise and asstst the State Poltce Cluef on mdtters ·tn respect of the welfare of poltce personnel and to Implement the same ~1!:>29/11 50 (2) The functions and dut1e~ of the Bureau, tntcr alta, w1th otl->::r matters mcludmg the admmistratiOn and momtonng. of welfare matters of police officers ~hall be the followmg, namely - (a) health care scheme~ for health care, particularly to thoc;e at fcc ted w1th chrome and senous ailment~ and retu ed pohce officers and tlie1r dependents, (b) qu1ck and liberal med1cal a<>sistance to pollee officers II1JUred while on duty, (c) financial secunty of the legal hens of those dymg w htle on duty, (d) fjnanctal <>ccunty of pollee officers after their· retirement, (e) group house construction~ and group credit facthlles, (i) schemes useful for rl)ltigatmg the mental -.tress of poltcc officers, (g) educatiOnal facilities for the dependents of pohce officGrs, (h) engagmg legal factllt1es for effectively dcferdmg the pohcc officers who are facmg legal proceed1ngc; d1rectl) relatmg to the lawful perfomtance of duties or due to ammos1ty whtch arose from the performdnce of such duty .. (3) The Bureau shall constst ~uch number of advisory merpber~ not exceedmg ten as may be fixed by the State Pollee Chtef and the)' shall be nommated hy the Slate Pohce Chtef from d;fferent ranks m the Pollee fore{. for a penod of two years I j (4) The Bureau shall fix the pohctec; and nom1~ m 1espect of the welf.m· ! . of the pohce and superv1<..e the welfdre actiVIties of the vanou~ pohce umb (5) A Pohce Welfate fund '\hdll be conc;tttuted under the rontrol and adn11mstrat10n of the Bureau for the welfare acttvwes and ~rhem('s for pohce officer~ and the followmg amount shall be crcdtted to the l"und, namely -- (a) fin:lnCJal aS<;Jstance from Govenunent and other typ¢c; of dcpoc;lls and loanc; granted by Government, (b) contnbutlon from poltce officer~. (c) fme realtzed from police officer~ as· penalttc~ 111 llHjtury proceedmgs, 51 ).._ . • (d) contnbut10n from tndtvtduals or tnstttuttons as may be pcnmtted by Government from lime -to ttmc, (e) operatiOnal profit from mst'ltut10ns or programmes conducted as part of welfare acllvtttes, , (f) a ftxed percentage of amount as may be permttted by Govenunent, collected for poltce servtce from mdtvtduals or mstttutJOns • I 05 Pollee Estabh~hment Board-( I) The Government may constitute a department level Poltce Estabhshment Boaid wtth the Dtrector General of Pohce as Chatrmar: and other fo)Jr semor poltce offtcers, not below the rank of AddttJOnal Dtrcctor General ,of Pohce of the Department, a~ members (2) I'he Government may, by order, dtrect the term of office of the members of the Board, p10cedure for the workmg of the Board and nonns to be followed by the Board m the dtscharge of tts responstbthttes I 06 Functwns of tlze Board--( 1) The Board shall dtscharge the followmg tuncttoas, namely -- "' (a) to dectde on complamts and appeals m respect of servtce matters 'ltkc tran~fer, promotion, etc yf pohce officers of and below the rank of Inspector after detatled e"ammatton of related Acts and Rule<; or subtntt suttable recommendatiOn~ . m thts regard, (b) to <;tudy the parttcular problems m respect of women poltce offtcers, deC!dc on gttcvances Ill re~pect of the same and submtt recommendations m ncce~sary matters (c) to revtew the actiVJt!eS of State Poltcc Ill general 01 Ill respect of spectal '>UbJects, and (d) such other funcuon<; as may be entru!-.ted to the Board by Govenunent from ttme to tune • (2) rhe Government shall gtve due com.tderat10n to the recommendatiOns of the Board (3) The Govemment may, etther vuo-motu 01 on a complamt by the per-.on concerned, for teasons to be recorded 111 wntmg, modtfy or cancel any dcctston or order of the Board I 07 Redt eswl on complatnt\ "of wbordtnate~ -(I) The State Po !tee [<.tabltshmcnt Board shall non11nate an offtcer of the rank 'of Deputy Supct mtend('nt of Pohce m each dtstnct and such nommated officct shall set apart ' one day m a week to heat or recetve complamts from po!tce officers of and below the rank of Sub Inspector • 52 i (2) Such offtcer shall exa:mnc and study the compllimtc; and g1ve • recommendatiOns m respect of appropnate r('dressal meao;ures to the Dtstnct Pollee Ch1ef and 1f the matter ts beyond the JlLnsdictlon of the Utstnct Police Ch1et then to the State Pol:ce Estabh'>hmcnt Board through the D1stnct Pollee Cn1cf I 08 Insurance co1·erage, allov.a>rce~ and medrcal (aclltrc;, -( \) The Government shall prov1de adequate msurance coverage for all police officers agamst any InJUry, d1sab1hty, death etc occurred m the cours~ of the1r duties or attacks due to an•mostty arose from the pc-rformance of thc1r official duty (2) The police offtcers posted m spec1al w1ngs Sl'ch as Counter Terronsm Umt~, Bomb Dtsposal Squads, Commando Groups and other hke :Jmts as may be fixed by the State Pohce Cluef havmg h1gh pos~1b:llty of nsk shal! be pa1d spec1al nsk allowance m proportiOn to the nsks mvolved m those dut1es . (3 )~ fhe p.ohce officers shall be prov1ded w1th med1cal Insurance coverage for enabling them to mamtam good health and phys1cal fitness (4) The Government shall SUJtably and adequately compensate a police officer suffenng from InJUry or disability as -a result of v;olence m the cou1sc of performance of h1s offic1al duties or attack due to ammos1ty arose from the due performance of h1s duty Prov1ded that such compensatiOn shall be m ddd1t1on to the medical expenses for wh1ch he !S entitled under the rules (5) A police off1cer d1es m tne course of h1s duty as '>tated .ur.der sub-sectiOn (4), h:s legal he1rs shall c;u1tably and adequately be compenc;ated by the Government ' Prov1ded that such compensatiOn shall be m addn.or: to the benefits to wh1ch hts family IS ordmanly enutled under' the rules • (6) A pollee officer sustammg any InJury m the course of d1sc.harge of h1s dut1es, shall be entitled to adequate and rrnproved treatment at the expen!;e of the Government and he may be treated m any m~tttut1011 as recommended by the doctor who exammes h1m 1mmed1ately after c;ustammg such InJUry 109 Polrce Assocrauons -The Government may, subJect to ~uc.h restnct10ns as may be prescnbed, grant permiSSion for the formation of .Associations for different ranks and categoncs of pollee officers 110 Po free Complarnts Authonty ~( 1) The Government shall con<;lltutc a State Pohce Complamts Authonty for exdm:nmg and mqumng the,--- • 53 ), (I) c.omplamts on ali types of m1sconduct agamst police officers of and ab"ove the rank of Supenntendent "'bf Police, {u) grave comp!amts against officers of other 1anks m respect of sexual harassmer:t of women m custody 01 causmg death of any person or .nf11ctmg gcev10us hurt on any pcrscn or rape, etc (2) Th':! State J\uthonty shall con.'>ISt of the fol!owmg members, namely- (1) a ret1red Judge of a H.gh Court who shall be the Cha1rperson of • the A,lthonty, (11) an offlc~r not below the rank of Pnnc1pal Secretary to Government , (!11) an officer not below the 1llnk of Additional DJJector General of Pollee, (;v) a persou as may be fixed by the Government, In consultation w1th the Leader of Oppos!twn, from a three member pan~! of retned suitable officers not below ·the rank of Inspector General of Poilce furmshed hy the Chamnan of the State Human R:ghts Comm1sswn, and (v) .1 per~on as may be f1xerl by the Government, 111 consuitatwn w1th the Lcad~r of OpposJtwn, from a three member panel of rct1red su:tahle D1stnct Jt.dges funushed by the State Lok Ayuktha (3) The Uov~rnment shall const1tut~ the Pollee Complamts Authonty at dJstr!ct level for exammmg and mqumng the c9mplamts agamst p9hc-e officers of and up to the sa:d r<>nk of Deputy Supenntcndent of Pollee. (4) Th<O D1stnct Authonty shail cons1st of the foliowmg members, namely-- • (1) a retlrt>d D1stnct Judge, who shall be the Cha1rperson, (u) the D1stnrt Coliector, and (111) the D1stnct Supermtendent of Pollee ·, Provided that the Chairperson of one D1stnct Authonty may be appomted a<> the: Chauper::.on of more than one D1stnct Authont!es (5) The terms and cond1t.Jons of servtce salary of the members of the State Authonty and Dtstncl Authonhes and the ptocedure of the authonlles shall be such as ma; be prescnbed 54 (6) Government shall, m consultation with the authonty or authonlles, ~ establish and give all necessary facilities. for therr proper fu,nct10mng ).. (7) The State Authonty and the D1stnct Level Authont1es ~hall, on conductmg mquuies, have all the powt:rs of a Civil Court while trymg a ~u1t under the Code of Civil Procedure, 1908 (Central Act. 5 of 1908) m respt::ct of the • followmg matters, namely - (a) summonmg and enforcmg the attendance of any person and exammmg 'him on oath, , (b) requmng the discovel) and productiOn of any document, (c) recelVlng evidence on affidavit, and (d) any other matter as may be prescnbed. (8) All officers of the Government shall render all pCJssible assistance to the authonty for ensurmg the production of records necessary for the funrt10nmg of the Cop1plamts Authonties, exammatwn of the records and pro\ISion of expert assistance m needed matters, etc . ' (9) All concerned officer~ shall be bound to carry out the recommendations given by the authonty m respect of matters of InitiatiOn of department level mqmry, reg1stratmn of cnmmal case etc agamst a pohce office! 111 Complatnt!J be gzven by elected repre~entalives - The President<; of Thre.e-tier-Panchayats, Chalfpersons of Mumc1pal Councils, Members of Legislal!ve Assembhes, Members of Pdrhament, Mayors of the CorporatiOns, etc may give all types of complaints agamst the pollee officers that have come to their notice or have been brought to their notice, to the Pollee Complaint<; Authonty and the Authonty shall, after conductmg nece~sary mqu1ry, 111form the result of such mqUiry to the representative concerned . 112 Prpcedure of the Complamts Authontzes be exp!!dzted -(I) The Pollee Complamts Authont1es shall t(!ke 1mmed1ate ~teps on the complaints commg before It for their consideratiOn • (2) The Authonty may require any off1cer to do any of the followmg matters where 1t IS convmced that there IS ment m a eomplamt wh1ch came · before It for cons1derat10n and such officer shall carry out the same,-- (a) to questiOn and record the statement of any Witness, (b) to trace, examme and se1ze any relevant records, (c). to conduct any mspectwn or test m wh1ch the s:ud officer has authonty or competence or expertise, 55 (d) to render such reasonable assistance takmg mto ,account the • natuk.of each complamt (3) Complamts Authonty may call for a report from the Pollee or Government m respect of Important matters m a complamt wh1ch 1s under Its cons•deratwn (4) In connectiOn w1th the mqmry bemg conducted by the Complamts Authonty, the pollee offict:r concerned may be permitted to produce ev1dence to depose d1rcctly and to cross examme w1tnesse<> on occa<>wns su1table and practiCable CIIAI"I ER Vlli • OfFENCES AND PUNISHMENTS 113 Protecswn of actwn taken' 111 good fatth --(1) No sutt, prosecutiOn or other legal procecdmgs shall he agamst the Government or any Pohce 9fficer or any public servant duly appomted or authonzed under th1s Act for anythmg done or llltended to be done m good fatth m the due d1scharge of offic1al dulles under the proviSIOns of th1s Act • • (2) No court shall tdke cogmzance of any offence under th1s Act and alleged agamst pohce officer except with the pnor perm1ss1on of the Government 114 Dere!tctwn of duty by a poltce officer -Whot:ver, bcmg a pohce officer,- (a) VIOlateS Or neglects tO obey any legal proVISIOn, procedure, rUJC or regulatiOn apphcable to members of the pohce force under th1s Act, or (b) p1etendmg to have 1llness or pretends to have 11lness or tnjury or volulltanly hurts hunself w1th a v1ew to evade from duty, or (c) acts ;n any other manner unbccommg of a pohce officer, or • (d) IS gu1lty of coward tee, shalL on conv1cllon, be pumshed wtth unpnsonrnent for a tenn wh1ch may extend to three months or w1th fine or wttn both , . Prov1ded that~m 1espect of an act considered to be an offence under th1s c;cctwn, the dtsctplmary authonty concerned may dec1dc that .. departmental dt<;ctphnary procccdmgs shall alone be taken Without rcsortmg to cnmmal proceedmgc; 56 \ 115 BtL be takmg and extortiOn hy polLre officer -Any pohce off.cc!).._who m connectton w1th h1s duttes, e1ther dtrectly or 1ndu ectly, by threat or by coerciOn aemand~ or accepts or attempts to accept any bnbt- or unauthonzed favour or reward shall on convtctwn be pumshed wtth 1mpnsonment for a penod whtch rna) extend to !>even years or With ftne not exceedmg his salary fur twelve ·months or wtth hoth 116 Vexatwns arrest, search, sezure, vwlence, etc -Whoever, bcmg a pohce oflicer,- (a) enters mto or conducts unnecessary searches or cc:>u~c:s to be searched wtthout lc:>wful authonty or reasons m any bu.ldmg, vessei, tt:nt or place for cau~mg annoyance, or (b) setzes the property of any person or detamo; a per~on In custody or conducts search or arrest!> an_y person illegally for causmg annoyance and wtthout reasonable cause, or (c) deliberately subjects, any person m custody or With whom he romes mto-contact m the course of l11s duttes, to torture or any kmd of m.human or unlawful personal vtolence or grave mtsconduct, or (d) deliberately, knowmgly and mahc10usly wtth mtent to tmphcate an mnoceni person m a cnmmal offence records a false statement or make a forged document or ratses a fal<>e allegation of attack on the pohce , or (e) dehbcratel.>,. and dtrectly aids or abets for the commiSSion of ~n offence whtch, as a pollee officer, he ts bound to prevent, ~hall on wnv.ct10n, be pumshed With Impnsonment foi a term which may extend to thtee years 01 fine or wtth both Provtded that nothmg m this secttou shall preclude any court from pumshmg any police officer, under any other Jaw for the lime bemg Ill force, If • ' I the same matter IS an offence under the provtswns of tha: law 117 Penalty-for mterfenng tn tlw functwn~ of the polzce -VIhoe·;er, (a) abets any member of the pohce force not to do hts duties 01 to conun1t viCiation of dtsciplme, or • (b) unlawfully undertake any fun\tton or power of police, or (c) personates a<> a police officer other than Innocenti.> for the purposes of entertainment, or (d) dehbcrateiy makes a filbc statement to a police officer ~ tth mtent to riuslead the pohce m matenal partJculars m a police mvt"st!gatton or due perfom1ance of pohce duty, or • 57 ;_ (c) threatens, ob:;tructs or assaults a pollee off1cer w1th the mamkst .ntentJOn of preventmg such officer fron~ d1schargmg any of h1s dut1es, • shall, 0:1 conv1ct10n, be pumshable w1th 1mpn~onment for a te1m wh1ch may extend tc thtee years or w;th fine or w1th both 118 Pen_alty for causmg grm e vwlat1on of public order r>r dang,!r Any person who,- (a) IS found m a pubhc pldce, m an mtox1cated manner or notmg • cond1t1on or mcapable of lookmg afte1 himself; or (b) knowmgly ~preads rumour~ or g1vc.~ false aUum to m1slcaci the • pollee, fire b1 :gadc or an:• otht>r f'ssentlal serv1ce, or (c) kr~o,vmgly and w11lfully cause~ damage to an essential ~erv1ce, m order to create generc;l pamc among the pubhc, or (d) causes annoyance to any person m an mdecent manner by statements· or ve1bal or C<)mments or telephone calls 01 calls of any type or by cha'>tng or sendmg messages or mmls by any means; or (c) knowmgly does any act wh1ch causes danger to pubhc or fatlure public !lafcty , or 111 (f) transports explosive art1ck~ or daagerou-. subc;tanct>s without bemg lawfully authonzed to do so, or (g) 1<; found under susp:c:ouc; Circumstances, m a pubhc place, bcmg a goonda or a rowdy m pos~ess1on of eq111pments whJch are mtended to be used fo: any artJvJty ill the nc1ghbourhood for fac:l!iatmg any anti-'>OCJal actiVIty as defined under the' Kcrala AntJ-Soc1af Aci!V!tles (frf"vel1t!On) Act, 2007 (34 of 2007) , or • (h) v1olates the proviSions of sect1on 73 or Imparts phy&.cal t1ammg m contravention ·of tlte sa1d proVISIOn , or • {1) g1ves or sells those' who are below e1ghtcen yf"ars any mtox1catmg ~ubstance or to children any articles or substances wl11ch are hannful for the1r phys1cal and menta\ health or procure the same near school prem1ses for that purpose, shall, on convJciHm be pumshable With 1mpnscrunent for a term. wh1ch may extend to tr,ree years 01 W!th fine POl exceedmg ten thousand rupees or With both 58 ~19 Pum~hment for atwcllles agmmr women -(I) Any person who,- _;. (a) performs, m pubhc place~, any sexual gesture~ or acts degradmg the digmty of women, or (b) takes photographs or rec'ord<> videos or propagates them at any - place m a manner affectmg the reasonable pnvacy of women, shall, on conviction, be pumshed with Impnsoument which may extend to three years or wtth fine not exceedmg ten thousaud rupees or w.i th beth . • (2) Where any servtce provtder or person rn charge of a pubhc place, who falls by deliberate omtssion to take reasonable actiOn for the time bemg to prevent !>uch a cnmmal act, 1f the vt~ttmtzed woman complamts that an offence • under sub-sectiOn (I) had taken place m their presence or falls to mform the authonttes concerned shall be an offence which on convJctiou be pumshable With fine up to one thousand rupee!> 120 Penalty j01 causmg nw~ance and v10latwn of public 01de1 - If any person,- (a) cleans fumtture, article or veh1cle or <>laughters any ammal or cleans any carca!>s or grobms any ammal 10 a publiL place causmg aunoyJncc or mconvemence to the pubhc, (b) causes any vehtcle or conveyance to rcmatn tn such a manner Cdusmg obstructiOn, mconvcmence or danger to the pubhc, (c) deface!> or covers a traffic' !>tgn or stgnboard reducmg 1ts Vt!>lblhty or readabthty, {d) defaces walls, butldmgs or other structures wtthout the pnor permtssiOh of the custodtan of the property, (e) defiles water source!> or water supply or cause hmdrancc to pubhc. samtatwn acttvlttes or make publtc pla..:e dtrt)' or cau<>es s<!nou<> damage to environment unlawfully, • (f) tre<>passes mto a Govenm1ent bt.tldmg or Government land, • (g) dnves, drags or pushes any non-motonsed vehtcle at Jny tnne between half an hour after sunset and one hour before sunnse wtthout <>uffic1ent hght, 59 (h) dnves or drags or pushes any non-motonsed vel!1cle w1thout actual necJ<;~ty or sufficient reason for such dev.at10n "nd does not keep,- • (1) on the nght s1d~ of any other veh1cle \\-h1le overt~kmg, (11) the left s1de of Li)e street when any other veh1cle IS cort:ung from the oppo~1te d1rect:on (1) transport through the street any veh1cie or veh1cles carrymg any arttc!e wh1ch proJects more than f1ve feet m front or behmd the veh1cle or vehtcles, • (J) cau~es any mJury or damage by any neghgence or 11!-u<>age m dnvmg, management or care of any ammal or veh1de . . • (k) knowmgly defecates or unnates m a publtc place w1th a v1ew to cause annoyance to others , (I) does not take due ca1e of pets under one's care or control and thereby causmg mconvemcnce to ne1ghbours or pubhc by carelessly lcttmg them • loo~c , · (m) buys any omament, watch, pen, cycle, ut<.>ns1l or any valuable article from any pero;on apparently under the age of fourteen years or takes any article o.n pawn or pledge from such d person wtthout the knowledge and consent of the owner' (n) Without adeqUd!e precaUtiOnS and Without takmg IntO account pubhc ~afety. undertakes or allows any dangerou<; actiVIty at a place or prcnuse under h1s control . or (o) cauo;mg, through any means of commumcat1on, a nutsance of rumsdf to any person by repeated or undesirable or anonymous call, letter. wntmg, meo;sagc, e-mail or through a messenger , • (p) breaks any queue, In any public place, formed for the purpose of orderly dehvery or Jeceip' or use of any servtce, whether pubhc or pnvate, (q) pastes or affixes any document anywhere whtch IS of a defamatory or ; thrcatemng na:ure concealmg the wer!tJty of the author thereof, ~halt, on conviCtion, be pumshable w1th 1mpnsorunent \\-htch may extend to one year or wnh fine which may extend to five thousand rupees or wtth both· 1"21 Pu;mhment for offences for wh.ch there 11 no separate provz~wn- (I) Any person who v10lates any of the provtstons of th1s Act or commtts any act of commi'>SIOn or om1~ston m viOlation of the prov1s1ons of th1s Act or any rules or ' ... 60 any 01 der m~de. the1 eunder shaJI, on convlct!O'l. 1f no other punrshm~~t 1s prescnbcd for the same offence under th1s Act, be pUnishable w1th 1mpnsownent for a term not e~ceedu~g s1x months or w1th fine whtch may extend to two thousand tllpe'es or wrth both (2) Where the offence ts <:ommllted by more than one person each of l them shall be pumshed .;everally 122 Offences by Compames -(I) Wne:c an offence under thts Act hat> been ~ committed by a Company, every person who, at tne t1mc the offence was • I commilted, was m charge of and was respon!>rblc for, the conduct of thr busme~s of the company, a!> .veil as the company, shall be deemed to be gu1!ty of the offence, and shall be hable to be prcceeded agamst and ;mmshcJ accordmgly. 0 (2) Notwrthstandmg anythmg con tamed rn sub-sectwn ( 1) , whrre. an j offence under thts Act hal) been committed by a ..,ompan} c:nd 1l rs proved that the offence has bc::en commtttcd mth the consent ?r conmvancc of any D1rector or Manager or Secretary or any other officer, such Dm~ctor or Manager or Secretary 01 such other officer of the com;Jany sh<~ll alsc be deemetil to be responsible for the offence and such person shall be !table t<, be proceeded agamst and pumshrd dccordrngiy ,.. E:~p!anatwn --For the purpo,.es of tiw; sectiOn,- • {a) "Company" means a body corporate and mcludes a firm or 0rher assocJ<'t!On cf mdJvldud!s, and (b) "Drrecio(', m rclatJon to a firm, means a partner •n the firm 121 Prosecutzon under other /m;,s not barred -Nothmg con tamed m tlus Act shall be construed as prcver.tmg ar.y per~on from bemg prosecuted or bemg made liable for any penalty or pumshment fixed under any other Act for an ,offence made pumsh<!blc under any other i\ct and by thrs Act •n addrtton to the actron taken under th1~ Act • 124 Procedural trregulan:y nat mazerwi -No ntle mc:dc by or under thts Act or any rule, order, d1rectron, adJudtcat!On, mvest1gdt1on, tnal, notrficattan, acttan taken, :s!>ued oq::ubh<;hed basically cons!Stt'nt wtth the sard rule, shall not be Jeemed to be !lh::gal or mvahd o~ vo:d or mcomplete on the ground of any d<:fect or 1rregulanty m the procedure or form uniess such defect o: trregulanty shall not preJudrctally cause ariy ma,ter.al l1arm or tault 12) Cogn.zab!e offences and bwlable offence.\ _:__(I) Offences uuder ~ect:ons 116, 117, 118 and 119 of thts Act shall be cogmzable and Lz!lable and an offence under •scct.or. 115 shall be cogmzable and non-batlable -. 61 ~-- (2) Notw1thstandmg the prvviswns of sub sectiOn ( l ), a police officer shall have power to arrest a person only tf,- (a) h1s arrest IS nece<>sary to prevent or not {O contmue any offence , or (b) 1t 1s mdmfestly cv1dent that lo.::atmg suGh person subsequently IS not poss1bie, or (c) such person IS likely to hurt h1mse!f or any other person , or • (d) there £'> any spec1al and emergent crrcumstances warrantmg the • arrest ' (3) All other offence'> ..:ndcr thrs Ac-t ~hall be non-cognrzable and bailable • Provrdf>d that a pollee offl::er present at the spot may remove a person !emporanly for the purpose of pre'ventmg th~ contmuance of an offence m h1s pr{"s-,nce 126 · Compoundtng of ofFences- (I) The Statwn House Officer may, on apphcatton of the accused, wmpound all non-cognrzable offences under the Act (2) The Dlstnct Poltce Ch1ef may, on any appltcat10n made by the accused, compound offences under sections 117, 118 and 119(2) 1f he deems that the matter ts not senous enough to be prosecuted before ~ court . Provtded that no such compoundmg <>hall be. made 111 a matter rn whtch the COUrt has already Initiated actiOn after submiSSIOn of charge sheet by police, and on such 'occasiOns, the offence<; may be compounded before such court (3) The compoundmg fees to be levtcd m respect of each category of offence whtle compoundmg '>hall be such as may be prescnbed by the Government and the Statton House Offtcer concerned shall collect such • compoundmg fees 10 accordance with the manner nottfied by the State Police Cluef • (4) Compoundmg shall not be deemed to be convtct!On but may be used to prove the prcvtou<; conduct m any proceedmg where such prevtous co_nduct ~~ relevant 127 Cnmtnuf Justice Mtscef!aneous Expenses Fund-( 1) There !>hall be a rund called the Cnm:nal Justtce Mtscellaneous Expen~e'> Fund mamtamed arid adrmmstered centrally by the State Poltce ChJCf dnd from the Fund, the followmg expenses may be met, namely - 62 ~. (a) expen<.es mcludmg mcd1cal expen<>es of those m custody, (b) expenses mcurred m respect of mvest1gat10n of cmmnal cases mcludmg allowances or re1mbur<;ewent of expense~ to Witnesses, other than the expense!> mcurrcd by pohce officers or allowances pa1d to pohce officer~, (c) expen.,es relatmg to mamtcnancc and storage of art1cles kept 111 custody, • (d) _expense~ mcurred for act1v1t1e<; connected with the removal of dead bodte~ and for gtvmg emergent help for InJUred perspns and for V1Cl11l1S of accidents and d1saste1s , (2) The admm1strat1on of the Fund shall be m accordance v.1tp the orders 1ssued by the Govemmcnt J (3) All compoundmg fees le\<1ed and collected by the Pohcc whde compoundmg the offences under the Act and all amount~ reah<.cd by the SJlc of uncla1med properties and pen.;hable properties '>hall be 1cn11ttcd to the rund (4) Govemmegt may, from tunc to t1me, prov1dc amount to the Fund for ensunng that there IS suff.c1ent amoun! 111 the rund to meet the expenses 128 Pm'!-'er of Government to gn·e du ectwm -- Notw1th~tandmg aJlythmg (.,Ontamcd 111 the foregomg plOVISIOn!> of thl'i Act, Government may g1ve lawful directiOns to the State Pohcc Ch1ef for takmg action'> 111 aecord,ance w1th the provmons of the Act 129 Power to make 1 ule1 -( 1) 'I he Government may by not1ficat101~ 111 the Gazette, make rules either pro:,pect1vely or retrospectlvcl;r to carry out the purposes of th1s Act (2) In partiCular and without preJUdice to the generality of the foregomg powers, such rule<> may proVIde for all or any of the followmg matters, namely - • (a) all matters cxple!>~ly rcqu1red or allowed by th1s Act to be prescnbed, and • • (b) all other matter!> whiC'h a1e or may be prc-.cnbed (3) Every rule made under thh Act shall be la1d, a~ soon as may be after 1t IS made, before the Leg1slat1Ve Assembl::r whJ!e 1t IS m sc'~1on for a tolal pcnod of fourteen days wh1ch may be compn~;!d m one !>e~s1on or 111 two succes<.1vc SC'>Sions and 1( before the exp1ry of the se~s1on 111 wh1ch 11 IS so laiJ or the sessiOn nrm1edwtely followmg, the Leg1slat•ve A~~embly make., any mod1ficat10n 10 the rule or dec1des that the rule !>hould not be made, th~ rule shall' thcrcjllicr have 63 effect only m such 112oddied form or be of no effect, as the case may be, <>o, however, that any such modification or annulment shall be wtthout preJUdice to the vahdtt) of anytlur.g previOusly done under that rule 130 P01-.,·er to remove dt/ficultle!> -(1 ) If any difficulty a:1ses m givmg effect to the proviSions of this Act. Government may by order do anythmg not mcons1stcnt w1th the provision<> of tim Act wh1ch appear<; to them necessary for the purpo:,c ot removmg the difficulty c Provided that no such order shall be made after the exp1rat!On of two years from the date of commencement of tlllS Act • (2) Every orde1 made under sub-sectiOn (I) shall bt> laid, as soon as may be after 11 l'i l~'iued, before the Legislative Assembly 131 Repeal and ~avtng- (1) The Kerala Pollee Act, 1960 (5 of 1961) l'i hereby repealed or {2) Notwllhstandmg such repeal, anythmg done any actiOn taken or any procecdmg$ m:tlatcd under the repealed Act shdll be deemed to have been done or taken or lllltlated under the correspondmg proviSIOn:> of th1'i Act ' Provided that any nottficatwn or order or rule or byc-iaw mapc or ISSUed under the repealed Act and not mcons1stent wtth the provts1ons of the Act shall contmue to rcmam m force unttl. the same ts -;uperceded- by any notificatiOn or orde1 01 rule or bye-law made or 1s~ued under thts Act and the same shall be deemed to have been made. or tssued under the. provisions of thts Act •